1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4427 OF 2008 Mr. Arun V. Ogale ..... Applicant. V/s The State of Maharashtra ...... Respondent. ------- Mr. N.R. Bubna i/b Mr. Sunil R. More for the applicant. Mr. D.P. Adsule, APP for the State. Applicant is present. CORAM : V.M. KANADE, J. DATE : 29th January, 2009 P.C.:- 1. Applicant submits that he would like to give discharge to his advocate. Permission is granted. 2. Heard the applicant in person. 3. This is an application seeking transfer of criminal case before the Court of Shri K.D. Bhosale, the learned Judge who is transfered from Sewree Court to the Sessions Court Mumbai as a result of change of assignment. Applicant submits that he had filed an application for discharge and the learned Judge Shri K.D. Bhosale had completed the hearing of the said application. An application was, therefore, made to the Principal Judge, City Civil & Sessions Court, seeking transfer of the case to the learned Judge Shri K.D. Bhosale. However, that application has been rejected. 2 The Principal Judge observed that in order to avoid future practical problems, no case was made out for transfer since Shri Bhosale was given assignment of civil matters. 4. In my view, since the discharge application was fully heard by the learned Judge Shri K.D. Bhosale, this matter also has to be transferred to that Court. Merely because some time has elapsed after arguments are over, that cannot be a ground for not allowing Shri K.D. Bhosale, Judge who is transferred from Sewree Court to Sessions Court, Mumbai to retain the said case. 5. In the result, the impugned order is set aside. The case be transferred to the Court of the learned Judge Shri K.D. Bhosale. Application is allowed accordingly. 6. Application is disposed of. (V.M. KANADE, J.)