1 Cri.Appl.No.3716 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3716 OF 2010 Praful Kumar S/o.Ratnakar Joshi, Age­31 years, Occu­Labourer, R/o.Tukaram Nagar, Kurudwadi, Tq.Madha, Dist. Solapur APPLICANT VERSUS 1. The State of Maharashtra, 2. Ujwala W/o.Prafulkumar Joshi, Age­Major, Occu­Agri. And Sewing Work, R/o. C/o.Shri.Shrikant Ganesh Deshmukh, At Post Kada, Tq.Ashti, Dist. Beed RESPONDENTS Mr.G.R.Syed, learned counsel for the applicant. Mr.N.R.Shaikh, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 06/04/2011 PER COURT : 1. By the present application, the applicant has approached this Court for transfer of Cri.M.A.No.78/2010, on the file of J.M.F.C. Ashti, Tal.Ashti, Dist. Beed to the file of J.M.F.C.Barshi, Tal.Barshi, Dist.Solapur. This application is filed u/s. 407 of The Cr.P.C. 2. Inspite of due service, respondent no.2 is absent. Heard learned counsel for applicant and learned A.P.P. for State. Learned A.P.P. opposed the application. 2 Cri.Appl.No.3716 of 2010 3. According to the learned counsel for applicant, 2nd respondent is his wife and has filed Cri.Misc.Appl.No.78/2010 before learned J.M.F.C. Ashti, Dist. Beed u/s. 125 of the Cr.P.C. for grant of maintenance. It is also stated that he has filed Hindu Marriage Petition bearing no.68/2010 against respondent no.2 in the Court of Civil Judge, S.D. Barshi and prayed that the petition filed by hia wife be transferred to the Court of Civil Judge, S.D. Barshi or any Courts in District Solapur on the ground that when he had been to Ashti to attend the court proceeding in Cri.Misc.Appl.No.78/2010, respondent no.2 have threatened to kill him. For that purpose, it is alleged that he had lodged the complaint with P.S.I. Ashti Police Station, Dist. Beed on 18/07/2010. On bare perusal of the said complaint, it reveals that there was not a single whisper about the date, time and place as to when the threats were given by the respondent no.2 to the applicant. It is further alleged that again on 21/07/2010 one more application was given by the applicant before P.S.I. Ashti Police Station on the same allegation alleging that threats were received on phone from the 2nd respondent to kill him, if he will attend the dates of hearing in the Court at Ashti, and on this ground, he prayed to transfer the petition filed by the 2nd respondent u/s. 407 of The Cr.P.C. 4. At this juncture, it is necessary to refer the observations in the matter of Piyush Banerjee versus Paromita Banerjee, 2002 Cri.L.J. 4771, wherein it is observed that, “the maintenance case filed by wife at district ‘M’ sought to be transferred by husband on 3 Cri.Appl.No.3716 of 2010 grounds that husband was threatened with dire consequences when he went to attend said Court. Husband also alleged to have been assaulted. Husband however fails to give any satisfactory explanation as to what prevented him from lodging such a complaint immediately after such an alleged occurrence took place and what made him file such a complaint, and also explained why the complaint instead of being lodged before the police at ‘B’ place.” The allegations of threat or assault made in complaint only gives rise to the suspicion. In such situation, transfer application is not maintainable. 5. In the light of these observations, on which reliance is placed by the learned A.P.P., I have also considered the complaints lodged by the present applicant before P.S.I. Ashti, particularly the complaint dated 18/07/2010, which is silent on the point of day, date, time and place as to when threats were given, so also the complaint dated 21/07/2010 wherein threats were allegedly received on phone, is also silent on the same point. According to us, these complaints were lodged in Ashti Police Station only to create a evidence of threat. As the complaints were not lodged in police station on the date of occurrence itself, and date, time and place of the incident is not mentioned in both the complaints, I am not inclined to allow this application. Application sans any merit, rejected. (A.V.POTDAR, J.) khs/APRIL 2011/cri.appl.3716­10