1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No.1021/2009 (Wasant Upasrao Bhalawi .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.B. Dhande, Advocate for applicant, Mr. O.D. Kakde, APP for non-applicant. .......... CORAM : P.D. KODE, J. DATED : JULY 8, 2009 Heard. By the present petition, applicant/accused in Criminal Case No.3108/2007 pending in the court of JMFC at Ashti has prayed for transfer of said case to any other Court of JMFC at Arvi by quashing and setting aside order dated 16.2.2009 passed by learned Sessions Judge, Wardha rejecting MCA No.43/2008 preferred by him for ordering such transfer. In short, it is bone contention of applicant in present petition and so also petition for transfer made by him before Court of Sessions that one Misc. Criminal Application No.12/2006 is also pending in same Court 2 against applicant for recovery of maintenance. During said proceeding, in spite of applicant having paid amount of maintenance, learned counsel for applicant in said application was falsely representing of amount of maintenance being not paid and on said application learned Presiding Officer has threatened applicant if amount of maintenance is not paid then he would be sent to jail. It is the contention of applicant that in view of same he is apprehending he will not receive justice in said court and hence he has sought transfer of Criminal Case No.3108/2007 pending against him in said Court to any another Court at Arvi. After carefully considering matters stated in petition and so also matters as revealed from order passed by Court of Sessions, it is difficult to find any merit in prayer for transfer sought. Apart from, applicant failing to place any cogent material at least in shape of his affidavit or of anybody else before Court of Sessions and so also before this court supporting his contention of himself being given such threat further hardly any material is placed to establish any nexus in between two cases much less nexus of alleged incident with decision of case of which transfer is sought. 3 Similarly, taking into consideration that threats allegedly were given on 2.4.2008 and application for transfer was made in the month of December, 2008 and not seeking transfer of the case in which he was allegedly given threats, all his said conduct also militates against himself being given threats or himself apprehending of not receiving justice from the said Court. Thus application preferred by applicant for transfer sans merits deserves to be and hence stands dismissed. JUDGE Gulande