IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 83 OF 2009 DR. JOE D'SOUZA ... Petitioner Versus SHRI SALEEM SHAIKH, P.I. PRESENTLY ATTACHED TO TRAFFICE CELL PONDA ... Respondent Mr. Ranjit Satardekar, Advocate for the Petitioner. Mr. C. A. Ferreira, Public Prosecutor for the Respondent. Coram:- R. M. SAVANT, J. Date:- 15th February, 2010 P.C. The above Criminal Writ Petition has been filed seeking transfer of Criminal Misc. Application no.29/2007/C from the file of the learned J.M.F.C., Mrs. Sharmila Patil, to any other J.M.F.C. in the South Goa, District. 2. At the outset, Shri Satardekar, in view of the Judgment of the Apex Court reported in (1998) 1 S.C.C. 349, in the matter of Commissioner, Agra & Ors. vs. Rohtas Singh & Ors., cited by the learned Public Prosecutor Shri Ferreira, does not object to the appearance of the Public Prosecutor representing the Respondent herein. 3. The Petitioner is the Complainant in Crime no.104/03 registered at Agacaim Police Station. The said Criminal Misc. Application is a contempt application filed by the Petitioner for the alleged violation of the Order dated 16.02.2006, passed by the learned J.M.F.C., Panaji, directing the Respondent to file chargesheet within two months. The contempt alleged is that the Respondent did not file the chargesheet within the said period but filed it almost after a period of one and half years and therefore acted in violation of the said Order. 4. The transfer of the said Criminal Misc. Application no. 29/2007/C is sought on the ground mentioned in paragraph 3 of the above Writ Petition. It is the case of the Petitioner that the wife of Respondent Smt. Shabnam Shaikh, is a C.J.J.D. & J.M.F.C., at Vasco, and brother in law Shri Irshad Agha, is the Addl. District Judge and Asst. Sessions Judge-(2), at Panaji. Hence, the Respondent is well connected and the Petitioner apprehends that he will not get justice at the hands of the J.M.F.C., Panaji, Smt. Sharmila Patil, who, according to the Petitioner, would be under the pressure of the aforesaid Judicial Officers. 5. Considering the ground made out in the application, in my view, the said ground is thoroughly misconceived and can hardly be a ground for transfer of the said application. The apprehension of the Petitioner, in my view, is also misfounded as even in the event of the parties having to approach the higher Court i.e. the Sessions Court, the matters could always be placed before any other learned Sessions Judge, competent to try them. 6. In that view of the matter, no relief can be granted to the Petitioner in the above Petition. However, considering the fact that the Criminal Misc. Application no. 29/2007/C is pending since the year 2007, it would be in the interest of justice to direct that the said Application be decided within a particular time frame. Hence, learned J.M.F.C., Panaji, is directed to dispose of the Application no.29/2007/C within a period of three months of 22.02.2010, which is the next date of hearing for the said Criminal Misc. Application. 7. Subject to the aforesaid directions, the above Writ Petition is dismissed. R. M. SAVANT, J. arp/*