Bombay High Court

ARUNA JAGDISH THAKAREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

The application for transfer was dismissed as no cause was made out to justify moving the proceeding to another jurisdiction.

Summary

The applicant, Aruna Jagdish Thakare, lodged a police report for offences under the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, leading to a charge‑sheet filed before the Additional Sessions Judge, Jalgaon. She filed a criminal application seeking transfer of the case to the Additional Sessions Judge, Dhule, alleging that local influence and bias would prevent a fair investigation. The court noted that the cause of action arose in Jalgaon, the investigation had been properly conducted, and no material was placed on record to substantiate the alleged bias. It held that transfer of a proceeding cannot be ordered merely for the convenience of a party or on unsubstantiated claims. Consequently, the application for transfer was dismissed, and although the court considered imposing exemplary costs for abuse of process, it refrained from doing so because the applicant belongs to a Scheduled Caste.

Issues considered

Whether a criminal proceeding may be transferred to another jurisdiction solely on the basis of alleged bias without material evidence
Whether the convenience of the informant justifies transfer of the case
Whether the jurisdiction of the court where the cause of action arose can be overridden

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 140(1), 238(c), 3(5)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2), 3(v)

Subjects

transfer of criminal case
jurisdiction
bias allegation
Scheduled Caste
SC/ST Act
abuse of process
exemplary costs

Judgment

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

             909 CRIMINAL APPLICATION NO. 3 OF 2026

Aruna Jagdish Thakare                             ….Applicant

VERSUS

The State of Maharashtra & others                 …..Respondents

Ms. R. L. Jakhade, Advocate for Applicant
Mr. S. B. Narwade, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 16th SEPTEMBER, 2026.
PER COURT :


1.      By consent of both sides, heard finally at the stage of issuance

of notice.



2.    This application is for transfer of Special Case No. 383/2025

pending before the Additional Sessions Judge, Jalgaon to the

Additional Sessions Judge, Dhule.



3.    Applicant is the informant who had lodged report being Crime

No. 196/2025 with Chalisgaon Rural Police Station, District Jalgaon

for offences punishable under Sections 103(1), 140(1), 238(c), 3(5) of

Bharatiya Nyaya Sanhita and Sections 3(2), 3(v) of Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act.
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4.    It is alleged in the application that the Applicant has strong

and bonafide apprehension that the investigation at Chalisgaon Rural

Police Station will not be fair and impartial due to local influence of

the accused and bias perception. It is claimed that the concerned

Police Station investigated in the crime and filed charge-sheet before

the Additional Sessions Judge, Jalgaon.             Applicant filed this

application for transfer in the interest of justice, for fair trial and for

her convenience.



5.    Heard learned Counsel for the Applicant and learned APP for

the State.



6.    There is no dispute about the fact that the part of the cause of

action has arisen within the jurisdiction of Chalisgaon Rural Police

Station, District Jalgaon. Investigation into the crime was conducted

by the concerned Police Station and charge-sheet has been filed.

There is nothing on record to show that at any point of time

investigation has been taken exception to by the Applicant. Applicant

appears to seek transfer of the proceeding for her convenience. No

doubt, Applicant being informant has every right to participate in the
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proceeding under the provisions of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act.   However, that does not mean

that the proceedings which are before the competent Court should be

transferred to the Court in whose jurisdiction no cause of action has

arisen. The law on the point of jurisdiction of the proceeding is fairly

settled to say that transfer of the proceeding should not be effected

casually much less for the convenience of the parties.          Though

allegations are made with regard to bias, there is absolutely no

material on record to indicate so.



7.    Suffice it to say that, no cause is made out by the Applicant for

transfer of the proceeding. Hence, application stands dismissed.



8.    This Court would have been justified in imposing exemplary

cost against the Applicant for abusing the process of law. Only for

the reason that the Applicant being the member of Scheduled Caste,

this Court refrains itself from imposing any cost.



                                                 ( R. M. JOSHI, J.)

dyb

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