SHEKHAR SHIVDAS MAHIRE Vs. SARIKABAI SHEKHAR MAHIRE

JUDGEMENT

(1.) Rule, returnable forthwith. Heard by consent.

(2.) The applicants have filed the present application for quashing and setting aside CR. No. 126/2006 registered with Sahada Police Station and charge-sheet No.9 of 2007 filed in RCC No. 14/2007 pending before the learned J.M.F.C. Sahada. The applicants have in the alternative prayed for transfer of proceedings to the learned J.M.F.C. Nashik Road, Nashik.

(3.) An FIR was filed at the instance of the respondent No.l alleging therein that the applicants had physically and mentally ill treated her on account of unlawful demand of dowry and thereby committed an offence under Section 498-A of I.P.C. It appears that on completion of investigation the charge sheet came to be filed before the learned J.M.F.C. In the said proceedings, an application came to be filed by the present applicants for transfer of the proceedings to the Court of J.M.F.C. at Nashik. The said application came to be rejected on the ground that the learned J.M.F.C. has no powers to transfer the proceedings. Subsequently the present application has been filed.