1 APPLN 4433.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 4433 OF 2010 Miss. Anita Sripatrao Sapte. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. M.S. Karnik i/b. Ms.Leena Patil for the Applicant. Mr. Rajesh More, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 18th AUGUST 2011. P.C. :- Heard learned Counsel for the Accused/Applicant. 2. Transfer of on going proceedings pending at the file of learned Chief Judicial Magistrate, Gadchiroli in C.R.No.160 of 2006 of Gadchiroli Police Station to any other Court is sought. 3. The principal contention of the Accused/Applicant is, she being a lady though engaged in business activities, it is very difficult for her to all along travel from Pune to Gadchiroli to a distance of 1200 k.ms. Involving atleast 24 hours journey. The learned Counsel submits that browsing of the list of witnesses illustrate that most of the witnesses are from outside Gadchiroli. They will also be required to travel to Gadchiroli. Consequently if the proceedings are moved out of Gadchiroli to any other place may be at Mumbai, Nagpur or Pune, it will serve the purpose and avoid the inconvenience faced by the Applicant /Accused. 2 APPLN 4433.10.sxw 4. The Accused/Applicant alone is not arrayed in the said prosecution. There are two more suspects. This Court is not required to comment on the effects of the FIR or about the truthfulness in the averments in the report. The fact remains that entire prosecution and investigation being carried from Gadchiroli by unearthing, the conspiracy hatched to prepare false document to show a no objection to start B.Ed. College by the Principal, Pragati Mahila Mandal, Gadchiroli required to be attended only by Chief Judicial Magistrate at Gadchiroli. 5. The Applicant though is female but is engaged in business activities, care can be taken to exempt her presence in the on going prosecution. The Applicant is at liberty to avail exemption in attending said proceedings pending before the learned Chief Judicial Magistrate by sending such exemption application through her Counsel. However, if her presence is excepted, the learned Judge will, well in advance intimate to her Advocate to ensure her presence. 6. The transfer of the proceedings from Gadchiroli to any other place in the fact situation is not permissible and will not mitigate the so called inconvenience claimed by the Applicant. 7. The Application lacks merit. Dismissed. (K.U. CHANDIWAL,J.)