(1) CRI.APP. 1948.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1948 OF 2010 1. Toshif Iqbal Ahmed Age : 30 years, Occu.: Business 2. Iqbal Ahmed Nasir Ahmad, Age : 56 years, Occu.: Business 3. Saida w/o Iqbal Ahmad, Age : 53 years, Occu.: Household 4. Ashif Iqbal Ahmed, Age : 35 years, Occu.: Service 5. Tayyaba Ashif, Age : 34 years, Occu.: Service 6. Kashif Iqbal Ahmed, Age : 25 years, Occu.: Business 7. Bushara Kashif, Age : 24 years, Occu.: Household, All R/o Plot No. 50/B, Chalisgaon Road, Near National School, Ashiyana Colony, Dhule, District Dhule .. Applicants VERSUS 1. The State of Maharashtra (Copy to be served on Public Prosecutor High Court of Judicature of Bombay, Bench at Aurangabad) 2. Rubina W/o Toshif Ahmed Age : 25 years, Occu.: Household, R/o. Altaf Ahmed Hazi Nurulhuda, House no. 861, Nayapura, Annushesheha Mala, Malegaon, District Nashik .. Respondents (2) CRI.APP. 1948.2010 Mr. R.S. Shinde, Advocate h/f. Mr. N.L. Choudhari, Advocate for the Applicants Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH SEPTEMBER, 2010 ORAL ORDER:- 1. This Application is being disposed of at the stage of admission. 2. The applicants are original accused against whom crime no. 58 of 2010 is registered at Azad Nagar Police Station, Dhule and chargesheet is also filed for offences under section 498-A, 323, 504, 506 r/w. 34 of the Indian Penal Code. The respondent no.2 Rubina is original complainant (informant). Though served, she has not appeared in this Court. 3. Heard learned Advocate for the applicants and learned APP. It prima facie appears that the respondent no.2 Rubina filed a private complaint case bearing Criminal Case no. 103 of 2010 in the Court of learned Judicial Magistrate (First Class), at (3) CRI.APP. 1948.2010 Malegaon for same offence and process is issued against the applicants vide order dated 23rd February, 2010. 4. It appears that the applicants are likely to be prejudiced in their defence if two different Criminal proceedings are allowed to proceed against them at two different places i.e. in the Court of learned Magistrate at Dhule and in the Court of learned Magistrate at Malegaon. It further appears that the private complaint is instituted in order cause harassment to the applicants. Therefore, the private complaint bearing Criminal case no. 103 of 2010 is required to be transferred to the Court of Judicial Magistrate at Dhule for the purpose of amalgamation with the pending criminal case or for simultaneous hearing of both the cases. 5. In the result, the Application is allowed and the private complaint case bearing Criminal case no. 103 of 2010 pending on file of learned Judicial Magistrate (First Class) at Malegaon is transferred (4) CRI.APP. 1948.2010 to the Court of Judicial Magistrate (First Class) at Dhule for the purpose of joint or simultaneous trial, as may be deemed fit, alongwith the State case instituted as per C.R. 58 of 2010 bearing R.C.C. 229 of 2010. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp