(1) CRI. APLN. 4553.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4553 OF 2010 1. Ameet Vijay Gawande Age : 30 years, Occu.: Service 2. Vijay Santaram Gawande Age : 53 years, Occu.: Service 3. Sunanda Vijay Gawande Age : 47 years, Occu.: Household Above all R/o. 74-A, Guru Krupa, Sharwasti Nagar, Ghorpadi-Pune 4. Monali Mukesh Shimpi Age : 22 years, Occu.: Nil 5. Mukesh Shimpi Age : 30 years, Occu.: Service Both R/o 74-A, First Floor, B.T. Kawade Road, Zende Wasti, Ghorpadi, Pune Applicants (Ori. Respondents) VERSUS 1. Sau. Sonali Amit Gawande Age : 28 years, Occu.: Household 2. Ayush Amit Gawande Age : 2 years Both R/o by Shri Ramesh Nimba Kapure, Plot No.9, Bhavsar Colony, Jamanagiri Road, Dhule Respondent (Ori. Applicants) ..... Mr. A.S. Sawant, Advocate for the Applicants. Mr. H.F. Pawar, Advocate for the respondents. Mr. P.P. More, A.P.P. for the respondent-State ..... (2) CRI. APLN. 4553.2010 CORAM : V.R. KINGAONKAR, J. DATED : 23RD DECEMBER, 2010 ORAL ORDER:- 1. The Application is for transfer of the Criminal Misc. Application no. 406 of 2010 from the Court of Judicial Magistrate (F.C.), Dhule i.e. Court no. 8 to the Court of Judicial Magistrate (F.C.), Dhule i.e. Court no. 2, where the proceedings of Criminal Misc. Application no. 135 of 2009 are pending. 2. Heard learned Advocates for the parties and learned A.P.P. 3. There is no dispute about the fact that the respondent has filed proceedings under section 125 of the Code of Criminal Procedure vide Criminal Misc. Application no.135 of 2009. The said proceedings are pending before the Court no.2 and are earlier in time and, thereafter, she filed another proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005 vide Criminal Misc. Application no. 406 of 2010 which is pending before the learned Judicial Magistrate (F.C.), Dhule i.e. (3) CRI. APLN. 4553.2010 Court no.8. The only request of the present applicants, to the learned Sessions Judge vide Application bearing Criminal Misc. Application no. 38 of 2010 was to transfer subsequent proceedings filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 to the Court no.2 of the Judicial Magistrate (F.C.). The Application is rejected for the reason that such transfer was not necessary. The learned Sessions Judge held that if such transfer is effected then the pendency of the file in Court no.2 of the learned Judicial Magistrate (F.C.) will be increased. 4. Having heard learned Advocates for the parties and learned A.P.P. and on consideration of the relevant order, it appears that the impugned order is rendered without considering the convenience of the parties and the reasons as to why such transfer was sought. It was not the contention of the applicants that both the proceedings shall be clubbed together. It was not the contention of the applicants that both the proceedings shall be simultaneously heard on the same date. The only contention raised by the (4) CRI. APLN. 4553.2010 applicants is that as far as possible they could be tried one after another and in succession so as to avoid overlapping of the recording of the evidence. The reason that such transfer of single Criminal proceedings to Court no.2 of the Judicial Magistrate (F.C.) was likely to increase pendency of the file in that Court, cannot be a ground for rejection of such application. The pendency of the files of the Court no.2 is also not clearly stated in the impugned order. One does not know as to how such transfer of a single Criminal proceeding is likely to create imbalance in the proceedings of the files between Court no.2 and Court no.8 of the learned Judicial Magistrate (F.C.). Needless to say the reasons recorded by the learned Sessions Judge are inadequate and improper. The Sessions Judge has power to transfer such proceedings on administrative side as well as on judicial side in view of the relevant provisions under section 10(b) and under section 408(1) of the Cr.P.C. 5. In the result, the Application is allowed. The impugned order is quashed. The Application filed (5) CRI. APLN. 4553.2010 by the applicants be deemed as granted and the Criminal proceedings of Criminal Misc. Application no.406 of 2010 shall be transferred from the Court of Judicial Magistrate (F.C.) where the same is pending to the Court of Judicial Magistrate (F.C.) where Criminal Misc. Application no. 135 of 2009 is pending. The learned Magistrate shall make an endavour to try both the proceedings in succession i.e. one after another in order to avoid inconvenience to the parties. Sd/- [V. R. KINGAONKAR, J.] arp