spb/- 1 26-7-4042-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4042 OF 2009 Priyanka W/o Rakesh Rohira @ Priyanka @ Neetu D/o Arjundas Valecha ... Applicant Vs. 1. Mr. Rakesh Leelaram Rohira & Ors. ... Respondents. ...... Mr. S. Malik for the applicant. Mr. Pankaj J. Das for the respondent nos. 1 to 5. Ms. S.V.Gajare, APP for the State. ...... CORAM : J.H. BHATIA, J. DATE : 26th JULY, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The applicant is a wife of respondent no.1 and she had filed a complaint under Domestic Violence Act, 2005 and it is pending before the Metropolitan Magistrate Court, Andheri. Now it appears that the applicant had shifted to Nasik and she wants the matter also to be transferred to Nasik. spb/- 2 26-7-4042-09.sxw 3 There are five accused persons including her mother­in­law, father­ in­law and two brothers ­in­law, who are residing at Mumbai. If the case is transferred from Mumbai to Nasik, these five accused persons will be required to travel to Nasik on every date. The learned counsel for the respondent pointed out that the applicant herself is the accused in a charesheet filed by the police for holding double passport and that case is also pending before the same Metropolitan Magistrate at Andheri and she is required to attend that case also. It is also contended and could not be disputed that she had filed at least three more cases including rape case against the husband and all those cases have been quashed. Further it is pointed out that the case which is sought to be transferred to Nasik is a part heard. Nasik is not far away from Mumbai and the case was filed by the applicant herself at Mumbai. Taking into consideration all the circumstances, I do not find it to be a fit case for transfer. 4 For the reasons aforesaid, the application stands rejected. However, the trial court is directed to expedite the hearing and dispose of the criminal case no. 14/2008 as early as possible and preferably within six months from this date. [ J.H. BHATIA, J.]