1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4000 OF 2009 Smt. Payal B. Chetwani ...Applicant. v. Shri Bunty K. Chetwani & Ors. ...Respondents. Mr. Toni S. Sachdevani, adv. For the Applicant. Smt.V.R.Bhosale, APP For the Respondent No.5. CORAM : J.H. BHATIA, J. DATED : JUNE 9, 2010 P.C. 1 Heard the learned counsel for the applicant. Applicant is wife of the respondent no.1. Applicant had filed a report at Talegaon police station in Pune district and after investigation police filed chargesheet in the Court of J.M.F.C., Vadgaon (Maval). That case is registered as Criminal Case No.193/05 under Sections 498A, 323, 406, 504 r/w Section 34 of the I.P.C. When the report was lodged, the applicant was residing at Talegaon. Now she is residing at Ulhasnagar. By this application, the applicant seeks transfer of this case from the Court of J.M.F.C.,Vadgaon (Maval) to the Court of J.M.F.C., Ulhasnagar on the ground that it is inconvenient for her to attend the Court at Vadgaon. 2 In support of his contention that if it is inconvenient for the 2 woman, matter may be transferred to the place where she is residing, he relied upon Neelam Kanwar v. Devinder Singh Kanwar (2000)10 SCC 589 and some other cases. It may be noted that the case pending before the J.M.F.C., Vadgaon is not based on the private complaint where the complainant is required to attend the Court on every day. It is registered on the basis of chargesheet filed by the police and, therefore, the applicant on whose report, the offence was registered, will be required to attend the Court as and when the Court issues summons to her to give evidence in the matter. It is material to note that the distance between Vadgaon and Ulhasnagar is less than 100 kms and it is hardly journey of two hours and both stations are well connected by trains. In this area people, including ladies, every day travell by trains from Pune to Bombay and vice versa to attend their offices and other work. Therefore, it can not be said that distance is too much which can cause inconvenience to her in attending the Court, once or twice when she would be called for giving evidence. In Neelam (Supra), petitioner/lady and the respondent no.1 both were residing at Bombay. Case was filed at Chandigarh. The Supreme Court held that it was convenient for the parties to transfer the matter from Chandigarh to Bombay. Distance between Chandigarh and Bombay may be around 1700 kms. In Anjali 3 Ashok Sadhwani v. Ashok K. Sadhwani AIR 2009 SC 1374, matrimonial case pending in family Court at Indore was transferred to Family Court at Bandra as the distance is about 900 kms. In Rajni Kumari v. Raghvinder Sahay @ Lal Babu 2009(1) Scale 315, case was transferred from Khagariya in Bihar to Family Court, New Delhi as the lady was residing Delhi. In that case, distance between the two stations is 1500 kms. Whenever the Supreme Court exercised discretion to transfer the matters at the places where lady is residing, distance was such that it would be inconvenient for the lady to travel such a long distance. No such circumstance is available in the present case. Therefore, the application stands rejected. (J.H. BHATIA,J.)