KAVITHA N RUPANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition, the petitioner is seeking transfer of C.C.No. 49/S/2000 from the Court of learned Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai to 37th Court Esplanade Mumbai and/or to any other Court. The petitioner is one of the accused in the said case. The said case is under section 500 of the Indian Penal Code.

(2.) THE petitioner has impugned the judgment and order dated 15th May 2001 of the learned Chief Metropolitan Magistrate whereby the prayer for transfer of the case from Mazgaon to Esplanade or any other Court was rejected. The petitioner has also impugned the judgment and order dated 8th November 2001 passed by the learned Session Judge, Mumbai on Misc. Application No. 391 of 2001 preferred by the accused, where by decision of learned Chief Metropolitan Magistrate was confirmed.

(3.) ALL the respondents are served. I have heard the learned counsel for Petitioner, and the learned counsel for Respondent no.2 i.e. the complainant. I have also heard learned Advocate for respondent no. 3, 5, 6, 8, 9 and 10 (original accused) and learned A.P.P. for State, who are supporting the petitioner.