1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4585 OF 2009 M/s. Akshar Communication Pvt. Ltd. & Ors. ..Applicants versus The State of Maharashtra & Anr. ..Respondents Mr. R. L. Patil with Mr. M. S. Sawant for Applicants. Ms. A. T. Jhaveri - APP for Respondent No. 1 - State. Mrs. P. J. Kanani for Respondent No. 2. CORAM : B. R. GAVAI, J. DATED : APRIL 06, 2010. P.C. : 1. Rule, returnable forthwith. The learned APP waives notice for respondent no. 1 – State. Mrs. Kanani waives notice for respondent no. 2. 2. Basically the application is for transferring the Criminal Case No. 755/SS/2008 from the Court of Additional Chief Metropolitan Magistrate, 17th Court at Mazgaon to any other court. 3. However, the learned counsel for the applicants does not press the allegations made in the application. 2 4. Admittedly two complaints which have been filed by the respondent no. 2 against the applicants for an offence punishable under Section 500 are pertaining to the same article. From the perusal of the complaints, it would reveal that the allegations made in both the complaints are identical. Not only this, but the list of witnesses in both the cases is also same. The second case is filed in the Court of Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier. I find that it would be in the interest of justice that both the complaints are tried together. Since the allegations in the complaints, article which is said to be defamatory in nature and the witnesses are also same, it would be convenient for the accused as well as the complainant if both the cases are tried together. 5. The learned counsel appearing on behalf of the respondent no. 2, on the instructions of the respondent no. 2, who is personally present in court, fairly concedes that both the cases be tried together by any of the courts. She however submits that since the 38th Court at Ballard Pier is heavily over burdened, the proceedings may be allotted to the Court of Additional Chief Metropolitan Magistrate, 18th Court Girgaon. 6. The application is therefore disposed of by directing that Criminal Case No. 755/SS/2008 pending before the Court of Additional Chief Metropolitan Magistrate, 17th Court Mazgaon and Criminal Case No. 3 137/SS/2008 pending before the Court of Additional Chief Metropolitan Magistrate, 38th Court Ballard Pier be allotted to the file of the Learned Additional Chief Metropolitan Magistrate, 18th Court Girgaon and the said learned Magistrate is directed to try and decide both these cases together. Rule is disposed of in the aforesaid terms with no order as to costs. (B. R. GAVAI, J.)