IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 161 OF 2008 Sau. Kamini Anup Tanksale ..Applicant versus Anup Manikrao Tanksale & Ors. ..Respondents Mr. Kishor Patil i/b. Mr. P. N. Joshi for Applicant. Mr. Vilas B. Tapkir for Respondent Nos. 1 to 6. Ms. M. H. Mhatre – APP for State. CORAM : S. A. BOBDE, J. DATED : 21ST JULY, 2009. P.C. : 1. Rule, returnable forthwith. Heard by consent. 2. The Applicant is a wife residing at Nashik who had filed a Complaint Under Section 498-A of the Indian Penal Code. Admittedly, she filed a Complaint at Nashik and the investigation was transferred to Pune and the prosecution is pending in Pune. The Applicant lives in Nashik along with her child and some other relatives. Her father is stated to have expired recently. The Respondent No. 1 lives at Pune along with his parents. The learned counsel for the Applicant submitted that the Applicant finds it very difficult to attend to the matter at Pune particularly in view of the responsibility of a lame child and her aged mother and other relatives. The learned counsel further points out that matrimonial proceedings between the parties relating to divorce and maintenance were commenced and concluded in the Court at Nashik and the proceedings were duly attended by the Respondent and his parents at Nashik without any inconvenience. The learned counsel therefore submits that it would be appropriate to transfer the present case also to the Court at Nashik. 3. The learned counsel for the Respondents submits that there are several witnesses who had also deposed in the matrimonial proceedings but who reside in Pune. According to the learned counsel, the Respondents would have to bear unnecessary expenditure for defending the case at Nashik. 4. Having regard to the admitted fact that the matrimonial proceedings were successfully concluded at Nashik and were attended too by the Respondents’ side along with all witnesses and having regard to the status of the Applicant with one child, I consider it appropriate in the interest of justice to direct that the prosecution pending in Pune be transferred to the appropriate Court at Nashik, however, on the Applicant bearing the entire costs of travel and lodging of the Respondents and their witnesses from Pune to Nashik for the purposes of the trial. The Respondents shall intimate to the Applicant in advance in writing as to the quantum of costs that will be required and the Applicant shall forthwith make such payment in advance. On this condition, it would be appropriate to transfer the Criminal Case No. 82 of 2005 pending in the Court of JMFC, Khadki (Pune) to the appropriate JMFC Court at Nashik. Order accordingly. 5. Application disposed of. (S. A. BOBDE, J.)