GANPAT D KULTHE Vs. MAHESH S CHANDURKAR

JUDGEMENT

(1.) HEARD Mr.Rane, the learned counsel for the applicant. Heard Dr.Chandurkar, the respondent no.1, who is present in person. Heard Ms.Kaushik, the learned A.P.P. for the respondent no.2 ­ State of Maharashtra.

(2.) THIS is an application by the applicant who is the accused in S.C.C. No.62 of 2012, pending before the Judicial Magistrate First Class, Sangli, for transfer of the case from the Court of the learned Magistrate at Sangli to the Court of Metropolitan Magistrate at Bandra Mumbai, under the powers conferred upon this Court under Section 407 of the Code of Criminal Procedure. The respondent no.1 herein is the complainant in that case. The case is in respect of an offence punishable under Section 500 of the Indian Penal Code.

(3.) ACCORDING to the applicant, the applicant and the respondent no.1 both are residents of Mumbai. It is submitted that the applicant is of 75 years and that it would be convenient for both the parties to have the said case transferred to a Court in Mumbai. It is also submitted that out of the eleven witnesses cited in the complaint, eight witnesses are either from Mumbai and Navi Mumbai and only three witnesses are from Sangli or a place near Sangli. It is also submitted that the trial before the Magistrate at Sangli has not yet commenced though plea of the applicant had been recorded long back.