1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION SUO MOTU APPLICATION NO.7 OF 1999 The Courts on His Own Motion .... Petitioner Vs. 1. Bhaurao Lobhaji Daine 2. M.T. Godbole 3. Vijay Nandlal Sheth 4. S.D. Gandhi 5. Madhubala V. Sheth 6. Rajesh V. Doshi 7. The State of Maharashtra 8. C.B.I., Mumbai ..... Respondents Mrs. V.R. Bhosale, A.P.P. for State of Maharashtra. Coram : Smt. R.P.SondurBaldota, J. Date : 7th March , 2011 P.C. 1. This Suo Motu application under 407 Code of Criminal Procedure is for transfer of Special Case No.17 of 1983 and Special Case No.11 of 1992 from the file of Special Judge, Bombay City Civil and Sessions Court, Greater Bombay to the Sessions Courts at Nashik and Thane respectively. The application came to be registered in view of the Administrative Order dated 11th June 1999 passed by the then Chief Justice on submission of the Registrar relating to report of the Special Judge, Bombay City 2 Civil and Sessions Court, Greater Bombay. The first case referred to in the report was CBI (ACB) case filed on 26th July 1983 against Shrikrishna Swamy G. Ayyangar, the then Branch Manager, Central Bank of India and his wife for the offences punishable under Sections 120-B, 420, 467, 468 and 471 Indian Penal Code and 5(i)(d) read with 5(2) of Prevention of Corruption Act, 1947. The second case referred to was the case filed by it on 5th May 1992 before the Special Judge, Greater Bombay for the offences punishable under Sections 120-B, 419, 420, 467, 468 and 471 Indian Penal Code and 13(2) read with 13(i)(d) of Prevention of Corruption Act, 1988 against one Baburao Lobhaji Daine and five others for cheating the Maharashtra State Financial Corporation, Nashik, to the tune of Rs.63,000/- and the Bank of Baroda, Sinnar Branch, to the tune of Rs.4,97,000/-. 2. The Special Judge, Bombay City Civil & Sessions Court, Bombay found that he has no territorial jurisdiction to entertain the cases since the offences in the two cases have been committed at Bhiwandi, District Thane and District Nashik respectively. He therefore made a report to this Court. On receiving the report, the Registrar put up a detailed submission before the Hon’ble Chief Justice for either an order on the administrative side directing the Principal Judge, Bombay City Civil and Sessions Court, Greater Bombay to transfer the cases to Thane and Nashik Sessions Division respectively or for placing the matter before 3 the appropriate Bench for suitable order under Section 407 Code of Criminal Procedure. The Hon’ble Chief Justice directed for consideration of the application on it’s judicial side and accordingly the Suo Motu application came to be registered. 3. I have gone through the detailed submissions made by the Registrar as also the records and proceedings and I am satisfied that the Special Judge, Bombay City Civil and Sessions Court, Greater Bombay does not have jurisdiction to entertain the two cases. The first case i.e Special Case No.17 of 1983 is required to be transferred to the Thane Sessions Division and the second case i.e. Special Case No.11 of 1992 is required to be transferred to Nashik Sessions Division, in view of the offences having taken place within the jurisdiction of these Sessions Divisions. The directions are accordingly given and the application is disposed off. ( Smt. R.P. SondurBaldota, J.)