Bombay High Court

SANIKSHA NIPANIKARversusSTATE OF GOA THR THE POLICE INSPECTOR AND 3 ORS

Disposal: Disposed of

Holding

The criminal transfer application is rejected.

Summary

The applicant, Saniksha Nipanikar, filed a criminal transfer application seeking to move Criminal Case No. IPC/74/2017/B from the Civil Judge Junior Division and J.M.F.C., B Court, Bicholim to a competent court at Margao for trial. The applicant argued that the trial had progressed with four witnesses examined and that the accused were repeatedly seeking adjournments, causing inconvenience. The respondent, the State of Goa, contended that the prosecution, not the applicant, is responsible for ensuring an expeditious trial. The Court observed that the proceedings, initiated in 2017, had only examined a few witnesses and that there was no legal ground to grant a transfer; the State must manage the trial schedule. Consequently, the transfer application was rejected, and the Court directed the magistrate to expedite the pending trial. The application was therefore disposed of.

Issues considered

Whether a criminal case pending since 2017 can be transferred to another court on the ground of alleged delays and accused adjournments
Whether the applicant is required to attend each hearing or the State must ensure expeditious disposal

Subjects

criminal transfer
trial delay
jurisdiction
expeditious disposal
criminal procedure

Judgment

                                 5 CRXFA 2 2026

     Suzana

              IN THE HIGH COURT OF BOMBAY AT GOA
         CRIMINAL TRANSFER APPLICATION NO.2 OF 2026

SANIKSHA NIPANIKAR                                    ... APPLICANT
  Versus
STATE OF GOA THR THE POLICE
INSPECTOR AND 3 ORS                                   ... RESPONDENTS



Mr Kabir Sabnis, Advocate for the Applicant.

Ms Swati S. Kamat Wagh, Additional Public Prosecutor for
Respondent Nos.1 and 4.


                     CORAM:- S. G. CHAPALGAONKAR, J.
                     DATED :- 3rd October, 2026




P.C.


        The present application is filed seeking transfer of Criminal
Case No.IPC/74/2017/B, titled 'State v/s. Shodhan Nipanikar &
Ors' pending before the Court of Civil Judge, Junior Division and
J.M.F.C., 'B' Court, Bicholim, Goa, to the Court of competent
jurisdiction at Margao, South Goa, for trial and disposal in
accordance with law.


2.       Learned Counsel appearing for Applicant submits that trial


                                    Page 1 of 3
                                  3rd October, 2026
                                     5 CRXFA 2 2026


has substantially progressed. Four witnesses have already been
examined, and other four witnesses are supposed to be examined
on behalf of the prosecution. However, the accused persons are
adjourning the trial on one pretext or the other, and even the State
has not given a cause for expeditious disposal of trial.       It is
submitted that this is causing great inconvenience to the Applicant
and therefore the proceedings may be transferred to the other Court
as prayed for.


3.         Having considered submissions advanced by Learned
Advocates appearing for respective parties, it is clear that
proceedings were initiated in the year 2017 and have progressed
upto to examining four important witnesses. At this stage, there is
absolutely no ground on which the Petitioner's prayer for transfer
of the proceedings can be entertained. Since the prosecution is
conducted by the State, the Applicant is not required to attend each
and every hearing. It is for the State to take steps for bringing
necessary evidence before the Court in an expeditious manner and
ensure that the trial is completed at the earliest.


4.    In that view of the matter, the Criminal Transfer Application
is rejected.     However, since the proceedings are pending since
2017, the Learned Magistrate shall take necessary steps for
expeditious disposal of the trial.



                                       Page 2 of 3
                                     3rd October, 2026
                                                    5 CRXFA 2 2026




                   5.      The Criminal Transfer Application stands disposed of.



                                                           S. G. CHAPALGAONKAR, J.




Signed by: MARIA SUZANA REBELLO
Designation: Personal Assistant
                                                       Page 3 of 3
Date: 03/10/2026 12:30:34
                                                     3rd October, 2026

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