Bombay High Court

PRAKASH SHESHERAO SALUNKE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The court held that the amendment to the prayer clause may be permitted despite the transfer and renumbering of the case.

Summary

The applicant, Prakash, sought permission to amend the prayer clause in his criminal application after the underlying case (R.C.C. No.123/2025) was transferred from the Judicial Magistrate First Class at Ambad to the Judicial Magistrate First Class at Ghansavangi and re‑numbered as R.C.C. No.590/2025. The issue before the court was whether such an amendment could be allowed despite the transfer and renumbering. The court examined the procedural rules governing amendments and the effect of a transfer on pending applications. Finding no legal impediment, the judge granted the request, directing that the amendment be effected immediately. Consequently, the application for amendment was allowed.

Issues considered

Whether the amendment of the prayer clause is permissible after the transfer and renumbering of the criminal case.

Subjects

Criminal Procedure Code
Amendment of prayer clause
Transfer of case
Renumbering of criminal case
Procedural application

Judgment

                         (1)                      954-appln-1238-2025.odt



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
         CRIMINAL APPLICATION NO.1238 OF 2025

            PRAKASH S/O SHESHERAO SALUNKE,
                             VERSUS
        THE STATE OF MAHARASHTRA AND ANOTHER
                                 …
Mr. G. J. Karne, Advocate for the Applicants.
Mr. S. R. Yadav-Lonikar, APP for Respondent-State.
Mr. V. S. Wakale, Advocate for Respondent No.2.
                                 …
                         CORAM : S. G. CHAPALGAONKAR, J.
                         DATED : 12th FEBRUARY, 2026.
P.C.:-

1.      Mr. Karne, learned Advocate appearing for applicants

submits that during pendency of this Criminal Application, R.C.C.

No.123/2025 pending before Judicial Magistrate First Class at

Ambad is later on transferred to Judicial Magistrate First Class at

Ghansavangi, which is re-numbered as R.C.C.No.590/2025 and

seeks permission to amend prayer Clause.


2.      Permission is granted.   Amendment to be carried out

forthwith.


                                    (S. G. CHAPALGAONKAR)
                                             JUDGE
Devendra/February-2026

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