1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 589 OF 2009 Sudhakar s/o Bajrang Jadhav & others .. PETITIONERS VERSUS The State of Maharashtra & another .. RESPONDENTS Shri S.S. Gangakhedkar, Advocate for the petitioners. Shri Dilip Bankar Patil, APP for the State. ===== CORAM : R. M. BORDE, J. DATE : 13 th July, 2009. PER COURT : 1 Complaint in respect of domestic violence has been presented by respondent no. 2 who is a Judicial Magistrate First Class and is posted at Jalgaon district. Petitioner no. 1 husband of the complainant is also a gazetted officer serving as Block Development Officer. There is apprehension expressed by the petitioner that as respondent no. 2 is serving as Judicial Officer in Jalgaon district, he is not likely to get justice if the trial is conducted in Jalgaon district. It is further prayed that the case be transferred out of Jalgaon district. 2 I have perused the petition. There are no allegations against the Judicial Officer dealing with the matter. The only grievance appears to be, that on the prescribed dates the Judicial magistrate who herself is a victim 2 appears in the court. It is to be noted that the respondent no. 2 who is Judicial Officer is required to approach the court of law after about 14 to 15 years of marriage complaining about the domestic violence at the hands of the petitioners. No adverse inference can be drawn from the fact that the victim herself appears on the prescribed dates before the court dealing with the matter. There are no allegations against the Presiding Officer nor any orders passed by the Judicial Officer dealing with the matter are placed on record to demonstrate that the Judge has acted with bias mind. Learned counsel for the petitioner has placed reliance on a judgment reported in (2007) 3 SCC 62 Satish Jaggi vs. The State of Chhatisgarh. In the reported judgment, the Judge dealing with the matter was the brother of the MLA who was the very close friend of father of one of the main accused and, as such, the matter was directed to be transferred by the Apex court. In the instant matter, there are no allegations nor any apprehension has been expressed in respect of bias against the Judicial Magistrate dealing with the matter. This is not a fit case for causing interference under extra ordinary powers conferred under Article 227 of the Constitution of India. Writ petition therefore stands rejected summarily. ( R. M. BORDE, J.) dyb/office/cwp589.09.odt