* 1 * Cri.Appln.2354.2010 6.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO. 2354 OF 2010 Mrs. Smita Rahul More ..... Applicant V/S. Shri. Rahul Moharao More .... Respondent * * * Mr. Vijay Kokitkar, Advocate for the applicant. Mr. S.A. Masal, Advocate for respondent no.1. Mrs. A.S. Pai, APP for State­respondent no.2. CORAM :­ Smt. R.P. SondurBaldota, J. 6th July, 2011. P.C. :­ 1. The applicant herein is the wife of respondent no.1. Respondent no.2 is her mother­in­law and respondent no.3 her sister­in­law. By this application, the applicant seeks transfer of proceedings being RCC No. 51 of 2010 pending in the Court of Judicial Magistrate First Class, Miraj to the Court of Judicial Magistrate of First Class, Kalyan District­ Thane. 2. The transfer is being sought on two grounds. Firstly, that since she was driven out of the house the applicant is now residing with her parents at Kalyan, District­Thane and secondly that whenever the * 2 * Cri.Appln.2354.2010 6.7.2011 applicant visits the Court of Miraj in connection with the proceedings filed, respondent no.1 demands that she withdraws the proceedings and issues threats of dire consequences to her and the daughter. 3. The learned counsel for the applicant states that the applicant has been issuing threats since a long time. The applicant had infact by her letter dated 19th November, 2009 requested for transfer of the complaint from Miraj to Kalyan. The letter is addressed by the applicant to Senior P.I. Kolsewadi Police Station. Paragraph­10 of the application refers to the background of respondent no.1. It is alleged that he has criminal antecedents with proceedings under the PITA Act for illegally selling liquor, forgery and cheating pending against him. Some of the cases pending, are RCC No.7 of 2005, RCC 17 of 2005 and RCC 21 of 2005. It appears that respondent no.1 was arrested in the cases of forgery and was in custody for 15 days. Considering the entire background, in my opinion, the interest of justice requires that the proceedings filed by the applicant are transferred from the Court of Miraj to the Court of Kalyan. 4. The learned counsel for the respondent, submits that, there is no substance in the apprehension expressed by the applicant. He further states that if the applicant is so apprehensive about the threats to her life and the life of the daughter, she can be provided with police * 3 * Cri.Appln.2354.2010 6.7.2011 protection and the respondents are willing to bear the expenses of such police protection. The grant of police protection to the applicant, in such circumstances, would not be the solution. Besides, most of the witnesses to be examined in the complaint are from Kalyan, being the applicant herself and her family members. Hence, the application is allowed. RCC No.15 of 2010 pending in the court of Judicial Magistrate First Class, Miraj is transferred to the court of Judicial Magistrate First Class, Kalyan, District­Thane. The parties are directed to attend the proceedings before the Kalyan Court, District­Thane. [SMT. R.P. SONDURBALDOTA, J]