Shrikala Prakash TikekarversusState of Maharashtra

                                                           1               20-APPLN 419-25.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                         CRIMINAL APPLICATION NO.419 OF 2025

                       Shrikala Prakash Tikekar                … Applicant
                             Vs.
                       State of Maharashtra & Ors.           … Respondents
                                                          -----
                       Mr. Siddharth Agrawal a/w Ajinkya Bakle for the Applicant.
                       Mr. Y. Y. Dabake, APP for Respondent No.1-State.
                       Mr. Siddhesh Bhole a/w Gauri Bondre i/by Mr. Aditya Andhorikar for
                       Respondent Nos.2 to 6.
                       PSI Yogesh Maid, Nerul PS is present.
                                                          -----
                                                      CORAM : N.R. BORKAR, J.
                                                      DATE      : 05TH OCTOBER 2026
          Digitally
          signed by
          MUGDHA       P.C. :
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.10.06   1.       This is an Application under Section 447 of the Bharatiya Nagarik
          19:30:53
          +0530
                       Suraksha Sanhita, 2023.


                       2.       By this Application, the Applicant seeks transfer of Regular Criminal
                       Case No.1189 of 2024 from the court of C.J.J.D. and J.M.F.C., Belapur,
                       where it is at present pending, to the court of J.M.F.C., Pune.


                       3.       I have heard Learned Counsel for the Applicant and Learned
                       Counsel for Respondent Nos.2 to 6.


                       4.       The Applicant is the first informant-victim in the aforesaid Regular
                       Criminal Case and Respondent Nos.2 to 6 are the accused therein. In the
                       said case, Respondent Nos.2 to 6 are facing prosecution for the offences
                       punishable under Sections 323, 406, 498-A, 504, 506 read with 34 of the
                       Indian Penal Code.

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5.       The Learned Counsel for the Applicant submits that the Applicant is
at present residing at Pune with her daughter, who is nine years old. It is
submitted that due to financial constraint, it is not possible for the
Applicant to effectively prosecute the case at Belapur. It is further
submitted that the Applicant has filed petition for divorce, custody and
proceedings under the provisions of Protection of Women from Domestic
Violence Act, 2005 and the same are pending before the court at Pune. It
is submitted that Respondent Nos.2 to 6 are appearing in the said
proceedings and therefore no inconvenience will be caused to them if the
matter in question is transferred to the court at Pune. Learned Counsel for
the Applicant submitted that in similar circumstances, this Court in Prachi
Raviraj Barge vs. State of Maharashtra & Ors.1 has allowed the application
for transfer.

6.       On the other hand, Learned Counsel for Respondent Nos.2 to 6
submits that Respondent Nos.3 and 4 are senior citizens. It is submitted
that Respondent Nos.5 and 6 have filed Petition before this court for
quashing of the proceedings in question and this court has exempted them
from appearing before the trial court. It is submitted that the Applicant is
seeking transfer just to harass Respondent Nos.2 to 6. It is submitted that
the matter in question is a State case and the same can not be transferred
on the ground of convenience. In support of the said submission, Learned
Counsel for Respondent Nos.2 to 6 has relied upon the decision of the
Hon’ble Supreme Court in Jyoti Mishra vs. Dhananjay Mishra2.


1    Criminal Application No.4 of 2023, dated 16/10/2024
2    (2010) 8 SCC 803



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7.       Admittedly the matter in question is a State case. Respondent Nos.3
and 4 appear to be senior citizens.


8.       The Hon’ble Supreme Court in Jyoti Mishra vs. Dhananjay Mishra
has held thus:
       “5.    It is true that in cases of dissolution of marriage, restitution of
              conjugal rights or maintenance, this Court shows much indulgence to
              the wife and ordinarily transfers the case to a place where it would be
              more convenient for the wife to prosecute the proceedings. But a
              criminal case is on a somewhat different footing. The accused may not
              be able to attend the court proceedings at Indore for many reasons,
              one of which may be financial constraints, but the consequences of
              non-appearance of the accused before the Indore Court would be quite
              drastic.

       6.     Having regard to the consequences of non-appearance of the accused
              in a criminal trial, we are loath to entertain the petitioner’s prayer for
              transfer. In a criminal proceedings, the right of the accused to a fair
              trial and a proper opportunity to defend himself cannot be ignored for
              the convenience of the complainant simply because she happens to be
              the estranged wife.”


9.       Even otherwise the Applicant can request the trial court to permit
her to appear through video conferencing. Considering the overall facts
and circumstances of the case, I am not inclined to allow the present
Application. The Criminal Application is thus rejected.


                                                       (N.R. BORKAR, J.)




     Mugdha                                                                                3 of 3