Created by Fuzzy Cloud

Bombay High Court

ABHIJIT JANARDAN KHARAT AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The application for transfer is dismissed for want of prosecution as it should have been filed before the Sessions Court under Section 447 of the BNSS.

Summary

The applicants sought a transfer of criminal proceedings pending before the Judicial Magistrate First Class, Devgad, to the Court of the JMFC/Civil Judge Senior Division, Oros, both talukas within Sindhudurg District. The High Court noted that the applicants had repeatedly failed to appear, had not supplied required spare copies of the application, and that notice to one respondent was still pending. The court observed that under the proviso to sub‑clause (2) of Section 447 of the BNSS, such a transfer application should be made to the learned Sessions Court, not the High Court. It further inferred that the applicants were not interested in prosecuting the matter, given their continued absence. Consequently, the application was dismissed for want of prosecution.

Issues considered

  • Whether the High Court has jurisdiction to entertain an application for transfer of criminal proceedings under Section 447 of the BNSS
  • Whether the applicants' failure to appear and supply required documents warrants dismissal for want of prosecution

Legislation cited

Subjects

  • transfer of criminal proceedings
  • Section 447
  • BNSS
  • jurisdiction
  • want of prosecution
  • High Court
  • Sessions Court

Judgment

2026:BHC-KOL:7809
                                                                                       6.APL.981.2025.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                           CRIMINAL APPELLATE JURISDICTION

                             CRIMINAL APPLICATION NO. 981 OF 2025

          Abhijit Janardan Kharat and Others                ...Applicants
                Versus
          The State of Maharashtra and Another              ...Respondents
                                             ***
          Ms. Ankita Chindage i/b Mr. Vishal Rankhambe, Advocate for the
          Applicants.
          Ms. Priyanka S. Rane, APP for Respondent – State.
                                             ***
                                         CORAM : ABHAY J. MANTRI, J.
                                         DATE      : AUGUST 20, 2026
          PER COURT :

          1.                Mr. Chindage, learned counsel holding for Mr. Rankhambe,

          learned counsel appearing for the Applicant, submits that Mr. Rankhambe has

          given no objection and has returned the file to the Applicant.

          2.                It is pertinent to note that on the last date, none appeared for the

          Applicant. Therefore, the following order was passed:

                 “1.        None appears for the Applicants, either in the Court Hall or
                            through V.C. mode, when the matter is called out.

                 2.         Perused the Application.

                 3.         It appears that on 19th December, 2025, notice was issued to the
                            Respondents. However, the Applicants had not supplied a spare
                            copy of the Application; therefore, notice could not be issued to
                            Respondent No.2.

                 4.         By order dated 19th January, 2026, this Court had categorically
                            directed the parties in the bunch of Writ Petitions to supply spare
                            copies within one week and, upon supply of the copies, to issue
          Shrikant Malani                                                                    Page 1 of 2
                                                                                  6.APL.981.2025.odt



                  notice to the Respondents. Pursuant to the said order, notice was
                  issued to Respondent No.2; however, the same is still awaited.

       5.         Learned A.P.P. submitted that Devgad and Oros, both Talukas, are
                  located within the Sindhudurg District. Therefore, the Applicants
                  must file the Application before the learned Sessions Judge, not
                  before this Court.

       6.         It further appears that the Applicants are not interested in prosecuting
                  the matter.

       7.         List the Application on 20 th August, 2026 under the caption “For
                  Hearing/Dismissal”.


3.                Today also, none appears for the Applicant either in the Court-

Hall or through V. C. mode. Perused the Application. It appears that the

Applicant is seeking transfer of the criminal proceedings pending before the

learned Judicial Magistrate First Class, Devgad, to the Court of the learned

JMFC/Civil Judge Senior Division, Oros. Both the Talukas fall within the

Sessions Division of Sindhudurg District. In view of the proviso to sub-

clause (2) of Section 447 of the BNSS, the Applicant ought to have

approached the learned Sessions Court for such transfer.

4.                In view of the above, I do not find any merit in the Application.

Moreover, the Applicant has remained absent even today, which indicates

that the Applicant is not interested in prosecuting the matter. Hence, the

Application is dismissed for want of prosecution.



                                                                 (ABHAY J. MANTRI, J.)

Shrikant Malani                                                                         Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.