: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY SIDE JURISDICTION SIDE JURISDICTION SIDE JURISDICTION CRIMINAL APPLICATION NO.3878 OF 2006 CRIMINAL APPLICATION NO.3878 OF 2006 CRIMINAL APPLICATION NO.3878 OF 2006 Shri Bhupesh Baban Kumbhar & Ors. ...Applicants. V/s. Smt. Sangita Bhupesh Kumbhar ...Respondent. Shri S.V.Pitre, adv. for the Applicants. Shri Rajesh S. Datar, adv.for the Respondent No.1. Shri D.P.Adsule, APP for the State. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 2nd February, 2007. DATE : 2nd February, 2007. DATE : 2nd February, 2007. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the Parties. 2. Respondent no.1 is wife of the applicant no.1, applicant nos.2 and 3 are parents of applicant no.1. Respondent no.1 has filed a complaint in the Court of J.M.F.C.,Tasgaon against the present applicants for the offences punishable under Sections 323, 406, 498A, 504, 506 read with Section 34 of the I.P.C. The complaint reveals that the applicants and respondent no.1 were married on 3-5-2004 at Pune and she went to live with her husband who is residing at Pune alongwith parents. In the complaint, she makes allegations of physical and mental torture on account of her failure to meet demands by the applicants. She also alleged that the applicants misappropriated gold ornaments and other articles worth Rs.2 lakhs given to her by her parents at the time of : 2 : marriage. She further alleged that on 23-7-2005 at about 7.00 p.m., the applicants had been to her parents house at Palus in Taluka: Tasgaon, District: Sangli and there they assaulted and abused her. This complaint was registered as Criminal Case No.135 of 2005. The learned J.M.F.C., Tasgaon, Sangli directed the police to investigate the case under Section 156(3) of the Cr.P.C. As per police report, no incident had occurred at Palus and therefore, the investigation be entrusted to police station, Pimpri or Pune. However, the learned Magistrate noted that as per the allegations in the complaint and the statement made by the complainant under Section 200 of the Cr.P.C., the incident of 23-7-2005 had taken place at Palus and, therefore, he directed to issue process against the accused/applicants. The learned counsel for the applicants has demonstrated that respondent no.1 is actually residing at Pune and she is serving there. Marriage had taken place at Pune. After marriage, she was living with her husband at Pune and in these circumstances, there could be no reason for the applicants to go to Palus, Taluka:Tasgaon, District:Sangli just to beat and abuse her. According to him, the complaint has been filed at Palus just to harass the applicants as they would be required to go to Tasgaon on every date of the matter. : 3 : 3. Taking into consideration all the circumstances, there is reason to believe the contention of the applicants. The applicants by this application only seek a direction to transfer Criminal Case No.135 of 2005 from the file of J.M.F.C.Tasgaon to J.M.F.C.Pune or Pimpri where the incident pertaining to this offence had taken place. I find that it would be in the interest of justice to transfer the matter and it would not cause any inconvenience or difficulty to respondent no.1 as she herself is also living at Pune. 4. For the aforesaid reasons, application is allowed. Criminal Case No.135 of 2005 is hereby transferred from the file of J.M.F.C.Tasgaon, District:Sangli to J.M.F.C., Pune. After receipt of record and proceeding, the learned J.M.F.C., Pune shall issue notice of the same to the applicants/accused. 5. With the aforesaid directions, application stands disposed off. (J.H.Bhatia,J.) (J.H.Bhatia,J.) (J.H.Bhatia,J.)