1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2134 OF 2010 Rajesh S/o.Bhausaheb Patil, Age-46 years, Occu-Under Trial Prisoner, Residing at Town Center, CIDCO, Aurangabad APPLICANT VERSUS 1. The State of Maharashtra Through The Commissioner of Police, Aurangabad. 2. Police Station Officer, MIDC, CIDCO, Police Station, Aurangabad 3. Superintendent of Police, Ahmednagar RESPONDENTS Mr.Hemant Surve, learned counsel for applicant. Mr.D.V.Tele, learned APP for respondents. CORAM : A.V.POTDAR, J. DATE : 17/06/2010 PER COURT : 1. Heard learned counsel for applicant. Notice of this application is accepted by the learned APP for State. Initially the applicant has approached this Court in Cri.Appl.No.1953/2010 in which the husband of applicant, who was accused in series of cases have moved the Vacation Court for liberty to file an application before the 2 learned Magistrate for his production before the Sub Registrar of documents to execute a Gift Deed and also to sought legal advice. On that application, in vacation on 28/05/2010, liberty was given to the applicant to move the fresh application before the learned Magistrate to give further directions to the learned Magistrate to consider the application on its own merits. About the grievance of the applicant to allow to take the instructions or to give the instructions to his advocate, the matter was thereafter adjourned. It appears that within meantime, custody of original accused was taken on transfer warrant by the police from Ahmednagar and the applicant was produced before the 4th J.M.F.C., Ahmednagar. According to learned counsel for applicant, the application moved and the directions given by the Hon’ble Vacation Judge of this Court were not entertained by the 4th J.M.F.C. Ahmednagar on the count that these directions were not given to him, but to the learned Magistrate before whom earlier the applicant in that application was produced. Now this application was moved for the same prayers, but according to learned counsel for applicant, today, it is likelihood that the custody of the applicant be handed over to Nashik Police in some other case on transfer warrant. Considering the simple prayer of the applicant to decide his application about his prayers, it is to be entertained by the Learned Magistrate before whom the applicant will be produced. Considering this aspect, application allowed in terms of prayer clause ‘A’ and stands disposed of. 2. It is hereby clarified that if within meantime, i.e. after this 3 order came to be passed, if the custody of the applicant is handed over to another police station in another crime, then in that circumstance, the concerned Magistrate, Nashik, or before whom the accused will be produced to entertain and to decide the application moved by the applicant in accordance with law. Certified copy of this order is expedited. Till then, parties to act on the authenticated copy of this order. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2134-10