Bombay High Court
NEHA BALKRISHNA PATILversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Rejected
Holding
The application for transfer was dismissed as the trial was already part‑heard and the court had jurisdiction.
Summary
Neha Balkrishna Patil applied to the Kolhapur High Court seeking transfer of criminal case R.C.C.No.203 of 2024 from the Chief Judicial Magistrate, Kolhapur to a court in Pune. She argued that a fair trial could not be ensured locally, that a serious accident prevented her from attending proceedings, and that the accused continued to stalk her digitally. The State and a co‑respondent opposed, noting that charges were already framed and the applicant’s examination‑in‑chief had partially been recorded. The Court observed that the offence fell within Kolhapur’s territorial jurisdiction and that the trial was already underway with the applicant having testified. Considering the advanced stage of the trial, the Court held that transferring a part‑heard case would be inappropriate and dismissed the application.
Issues considered
- Whether the trial should be transferred from Kolhapur to Pune on the ground of alleged bias and the victim's inability to attend.
- Whether the stage of the proceedings (part‑heard trial) precludes a transfer of jurisdiction.
Subjects
- transfer of trial
- jurisdiction
- fair trial
- victim trauma
- digital stalking
- part‑heard trial
Judgment
43-APPLN-17-2026 (CR).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 17 OF 2026
Neha Balkrishna Patil ] Applicant
versus
The State of Maharashtra and others ] Respondents
.....
Mr. Shailesh Chavan, Advocate for Applicant.
Mr. P.P. Deokar, A.P.P, for Respondent No. 1 and 2 – State.
Mr. Aditya Sanjay Ghatge, for Respondent No.3.
Mr. Khandu Gaikwad, P.S.I, Laxmipuri, Kolhapur, present.
…..
Digitally
signed by
SHAILAJA
SHAILAJA
SHRIKANT
SHRIKANT
HALKUDE
CORAM : ABHAY J. MANTRI, J.
HALKUDE Date:
2026.09.04
18:34:43
DATE : SEPTEMBER 3, 2026
+0530
PER COURT :
1. The Applicant seeks transfer of R.C.C.No.203 of 2024, pending
before the learned Chief Judicial Magistrate, Kolhapur, to a Court of
competent jurisdiction at Pune.
2. Heard the learned Advocate for the Applicant, learned A.P.P, for
Respondent Nos. 1 and 2 - State and the learned Advocate for Respondent
No.3.
Shailaja Page 1 of 3
43-APPLN-17-2026 (CR).odt
3. The first ground argued by the Applicant is that she apprehends
that a fair and impartial trial may not be possible within the local jurisdiction
at Kolhapur. Secondly, she submits that she has suffered a serious and
traumatic accident and, therefore, is unable to attend the proceedings at
Kolhapur. Lastly, she submits that the accused has continued to stalk her
through digital means and on the LinkedIn platform and, therefore, seeks
transfer of the proceedings.
4. The learned A.P.P. as well as the learned Advocate for
Respondent No.3 opposed the Application contending that the charge has
already been framed and the examination-in-chief of the Applicant has partly
been recorded on 18th June, 2025. On these grounds, they urged dismissal of
the Application.
5. I have considered the rival submissions advanced by the learned
Advocates and perused the material on record. It is not in dispute that the
alleged offence was committed within the territorial jurisdiction of the
learned Chief Judicial Magistrate, Kolhapur. As such, the Court at Kolhapur
is competent to try and entertain the proceedings. Apart from this, the trial
has already commenced, and the Applicant has entered into the witness box.
Her examination-in-chief has also been partly recorded. In such an
eventuality, it would not be appropriate to transfer the part-heard trial to
another Court.
Shailaja Page 2 of 3
43-APPLN-17-2026 (CR).odt
6. In the facts and circumstances of the case and particularly
having regard to the stage of the proceedings, I am not inclined to transfer the
proceedings from Kolhapur to Pune on the grounds urged by the Applicant.
7. The Application being bereft of merits stands rejected.
(ABHAY J. MANTRI, J.)
Shailaja Page 3 of 3
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