1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2483 of 2011 Sau. Nishigandha Dhananjay Waghmare ..Petitioner -Versus- Shri Dhananjay Hiralal Waghmare & Ors. ..Respondents Mr. Shrishail Sakhare for Petitioner. Mr. V.V. Purwant for respondents 1 to 4. Mrs. U.V. Kezriwal, APP for State. CORAM: SMT. R.P. SONDURBALDOTA, J. Date : 21st November, 2011. P.C.:- 1 This petition filed under Article 227 Constitution of India challenges the order dated 23rd March 2011 passed by Chief Judicial Magistrate, Solapur, transferring Regular Criminal Case No.2054 of 2009 pending in the Court of Judicial Magistrate First Class, Solapur to the Judicial Magistrate First Class, Kalyan, District Thane in exercise of his powers under Section 322 Cr.P.C. 2. The petitioner who is the wife filed Regular Criminal Case No. 2054 of 2009 in the Court of Judicial Magistrate First Class, Solapur for the offence punishable under Section 498-A Indian Penal Code. A copy of the complaint annexed to the petition shows that the entire cause of action for filing the complaint had arisen at Kalyan, where the parties resided after the marriage 2 and where the respondents had allegedly ill-treated the petitioner. After noticing this fact, the learned JMFC, before whom the complaint was pending made a report to the Chief Judicial Magistrate, Solapur for passing appropriate orders as regards the petition. The learned Chief Judicial Magistrate in exercise of his powers under Section 322 Cr.P.C., transferred the proceedings to Kalyan Court. 3. Mr. Sakhare, the learned counsel for the petitioner submits that the power under Section 322 Cr.P.C. of transfer of the proceedings by Chief Judicial Magistrate is to be exercised within the district in which the Chief Judicial Magistrate is located and that he has no authority to transfer the proceedings from one district to another district. Undoubtedly, there is substance in the argument advanced by the learned counsel for the petitioner. However, considering the contents of the complaint filed by the petitioner, it is obvious that the complaint could not have been filed in the Court of Kalyan by the petitioner. Hence the appropriate order in the petition would be for transfer of R.C.C. No.2054 of 2009 from the Court of JMFC, Solapur to the Court of JMFC, Kalyan. Hence, the petition is disposed of by the following order. O R D E R Regular Criminal Case No. 2054 of 2009, pending in the Court of JMFC, Solapur is transferred to the Court of JMFC, Kalyan, District Thane. (Smt. R.P. SondurBaldota, J)