Bombay High Court

SHIVAJI SHENPADU KHAIRNAR AND ANOTHERversusANIL PRABHAKAR DESHMUKH AND OTHERS

Disposal: DISPOSED OFF
Bench: Y G KHOBRAGADE

Holding

The application for transfer is allowed, and the criminal miscellaneous application is transferred to the Chief Judicial Magistrate, Dhule.

Summary

The applicants, who filed Criminal Miscellaneous Application No. 2293 of 2018 in Aurangabad alleging fraud in a construction agreement, sought to have the proceeding transferred to the Chief Judicial Magistrate, Dhule, after the complainant superannuated and permanently relocated there. The respondents opposed, arguing the transfer was not bona‑fide. The court noted that the disputed property and the parties were residents of Dhule, and the agreement was executed within Dhule's jurisdiction, making attendance convenient for all. It also considered the procedural history, including examination under section 200 and an order under section 202 of the Cr.P.C. The court held that, given the facts, transferring the case would be just and proper. Accordingly, the application was allowed and the case was transferred to the Dhule magistrate.

Issues considered

Whether the criminal miscellaneous application pending in Aurangabad can be transferred to Dhule on grounds of convenience and jurisdiction.
Whether the complainant's superannuation and change of residence affect the appropriate forum for the proceeding.
Whether the ground for transfer is bona‑fide and substantial.

Legislation cited

Code of Criminal Procedure, 1973 — s. 200, 202

Subjects

transfer of criminal proceedings
jurisdiction
criminal miscellaneous application
convenience of parties
superannuation
property dispute

Judgment

2026:BHC-AUG:9343
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

40 CRIMINAL APPLICATION NO. 2832 OF 2025

Shivaji Shenpadu Khairnar And Another
VERSUS
Anil Prabhakar Deshmukh And Others
...
Mr. Baig Mirza Mazhar Javed, Advocate for Applicants
Mr. Umesh Mitkari h/for Mr. Mukul S. Kulkarni Advocate for
Respondent Nos. 1, 2, 4 and 5.

CORAM : Y. G. KHOBRAGADE, J.
Dated : 4th March, 2026

PER COURT :-
1. Heard learned counsel appearing for the applicants and

learned counsel appearing for non-applicant nos. 1, 2, 4 and 5. Despite

service of notice, none appeared for non-applicant no.3.

2. Having regard to the submissions canvassed on behalf of both

sides, I have gone through the record.

3. By the present application, the applicants, complainant in

Criminal Misc. Application No. 2293 of 2018, pending on the file of

learned 13th Judicial Magistrate, First Class, Aurangabad are seeking

transfer of the said proceeding to the file of learned Chief Judicial

Magistrate, Dhule.

4. Learned counsel for the applicants submits that on

27.07.2010, Applicant No.1, the original complainant, entered into an

agreement for construction of a bungalow with Non-applicant No.1.

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The said property is situated within the jurisdiction of the learned Chief

Judicial Magistrate (CJM), Dhule. However, with an ill motive, the

present non-applicants cheated the applicant. At the relevant time, the

applicant was serving as a Bank Manager with Bank of India at

Aurangabad. Therefore, the applicant filed Criminal Misc. Application

No. 2293 of 2018 before the learned CJM, Aurangabad. However,

during the pendency of the said complaint, the applicant/complainant

superannuated and shifted to Dhule. Hence, it is prayed that Criminal

Miscellaneous Application No. 2293 of 2018 be transferred to the file of

the learned Chief Judicial Magistrate, Dhule.

5. Per contra, the learned counsel appearing for the respondents

vehemently canvassed that initially the present applicant had filed

Criminal Misc. Application No. 2293 of 2018 at Aurangabad and, after

his superannuation, he is now seeking transfer of the said proceeding

from Aurangabad to Dhule. Therefore, ground set out for transfer of

the proceeding is not bona fide and substantial; hence prayed for

rejection of the application.

6. Needless to say that, the present applicant and non applicants

have entered into development agreement in respect of a plot situated

within the jurisdiction of learned CJM, Dhule. Non-applicant nos. 1 to

5 as well as the applicant are residing within the jurisdiction of CJM,

Dhule. The Agreement dated 27.07.2010 for construction of a

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bungalow of the applicant has been executed within the jurisdiction of

CJM, Dhule. Further, at the time of execution of the said agreement,

the applicant was serving at Aurangabad and because of alleged fraud

played upon him, the applicant had filed the Criminal Misc.

Application No. 2293 of 2018 before the learned CJM, Aurangabad.

7. On the face of record, it appears that on 24.01.2019, the

learned JMFC, Aurangabad called upon the present applicant/

complainant for examination under section 200 of the Cr.P.C. After

recording of examination, the learned JMFC, Aurangabad passed an

order on 13.03.2019 and directed enquiry under section 202 of Cr.P.C.

before passing order of issuance of process. However, subsequently,

the present applicant got superannuated and permanently shifted to

Dhule.

8. Since the applicant and non applicants are permanent

residents of Dhule, the property is situated at Dhule and the alleged

agreement is also executed at Dhule, it will be convenient for the

applicant and non applicants to attend the said proceedings at Dule, if

it is transferred and both parties will not require to travel from Dhule to

Aurangabad. Therefore, considering the nature of complaint, it would

be just and proper to transfer Cri. Misc. Application No. 2293 of 2018,

pending on the file of learned 13th Judicial Magistrate, First Class,

Aurangabad to the file of learned Chief Judicial Magistrate, Dhule.

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9. In view of the above discussions, following order is passed:

ORDER

(1) Criminal Application is allowed.

(2) Criminal Misc. Application No. 2293 of 2018, pending on the
file of learned 13th Judicial Magistrate, First Class, Aurangabad
is hereby transferred to the file of the learned Chief Judicial
Magistrate, Dhule for disposal in accordance with law.

(3) After transfer of the proceeding, the learned Chief Judicial
Magistrate, Dhule shall be at liberty to deal with the matter
himself or to assign the same to any other competent court
under his jurisdiction.

(3) The order be communicated to the concerned courts.

( Y. G. KHOBRAGADE, J. )
JPChavan

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