vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.1 OF CRIMINAL REVISION APPLICATION NO.1 OF CRIMINAL REVISION APPLICATION NO.1 OF 2008 2008 2008 The State of Maharashtra ... Petitioner V/s. Hitendra Ashok Parmar & Anr. ... Respondents Mrs.A.T. Zaveri, APP, for petitioner Mr.Girish Kulkarni for Respondents a/w CRIMINAL APPLICATION NO.4219 OF 2007 CRIMINAL APPLICATION NO.4219 OF 2007 CRIMINAL APPLICATION NO.4219 OF 2007 Babulal Dhanrajji Kothari ... Petitioner V/s. Hitendra Ashok Parmar & Anr. ... Respondents Mr.K.B. Mehta for Petitioner Mrs.A.T. Zaveri, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MARCH 25, 2008 MARCH 25, 2008 MARCH 25, 2008 P.C.: P.C.: P.C.: . Both the State and the accused have preferred applications for challenging the order passed by the Principal Judge, City Civil and Sessions Court, Greater Bombay dated 19.12.2007. The learned Judge has allowed the application filed by two of the accused i.e. Hitendra Ashok Parmar and Ravi Babu Gawali who are in jail and transferred the case to the Dindoshi Sessions Court from the Sewri Sessions Court. Both the State and the complainants have brought to my notice the fact that : 2 : all the witnesses except the Investigating Officer have been examined before the Sewri Sessions Court and therefore, the trial should be continued at Sewri Court and not transferred to the Dindoshi Sessions Court. 2. The accused though served are unrepresented in Court. 3. In my view, the Principal Judge was not correct in transferring the case when the trial was at its fag end and only the Investigating Officer had to be examined. Fourteen witnesses have already been examined before the Sewri Sessions Court. Besides this, the complainants were not heard when the order impugned was passed by the Principal Judge. 4. It would be appropriate to set aside the order directing transfer of the Sessions Case No.674 of 2006 alongwith Sessions case No.141 of 2007 to Dindoshi Sessions Court from the Sewri Sessions Court, which are hereby set aside. The trial shall continue before the Sewri Sessions Court. 5. Both the applications are disposed of accordingly.