1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2768 OF 2008 Shekhar Shivdas Mahire & Ors. ..Applicants versus Sou. Sarikabai Shekhar Mahire & Anr. ..Respondents Mr. A. P. Mundargi – amicus curiae appointed by the Court. Mr. Vivek Salunkhe i/b. Mr. P. B. Shah for Applicants. Ms. Rita K. Joshi for Respondent No. 1. Mr. P. S. Hingorani - APP for Respondent No. 2 - State. CORAM : B. R. GAVAI, J. DATED : APRIL 13, 2010. OPERATIVE PART OF THE ORDER: For the reasons separately recorded in the judgment, the following order is passed : ORDER 1. The application is allowed by directing the proceedings being CR. No. 126/2006 registered with Sahada Police Station and charge sheet No. 9 of 2007 filed in RCC No. 14/2007 pending before the learned J.M.F.C. Sahada to be transferred to the court of the Learned Chief Judicial 2 Magistrate, Nashik, who shall allot the same to the court of competent jurisdiction at Nashik. It is needless to state that the proceedings shall stand transferred from the present stage along with the evidence, if any, recorded. 2. At this stage, the learned counsel for the complainant - respondent no.1 prays for stay of the order passed by this court for a period of ten weeks. The said prayer is vehemently opposed by the learned counsel for the applicants. 3. However, taking into consideration that there was an interim order operating for a considerable length of time, I am inclined to stay the order for a period of eight weeks from today. Order accordingly. 4. Rule made absolute in the aforesaid terms. No order as to costs. (B. R. GAVAI, J.)