Case Note & Summary
The applicant, Pooja Sanjay Gondage, filed a criminal application under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of RCC No. 203/2018 pending before the Judicial Magistrate First Class (JMFC), Majalgaon, District Beed to JMFC, Thane. The applicant is the wife of respondent no. 2 and resides in Thane with her mother, brothers, and her minor son born in 2016. She is the primary caregiver for her son and faces severe financial constraints as her mother is a debris collector and her brothers are young with no fixed income. The applicant had also filed a DV Application No. 398/2018 before JMFC, Thane, which was dismissed for default on 08.09.2023 due to her inability to attend proceedings. The applicant sought transfer of the criminal case to avoid multiplicity of proceedings and to ensure her convenience and safety. The respondents (husband and in-laws) were served but remained absent. The learned APP for the State submitted that appropriate orders may be passed under Section 407 CrPC. The High Court, after considering the submissions and the provisions of Section 407 CrPC, particularly clause (c) which allows transfer if it tends to the general convenience of parties or is expedient for the ends of justice, allowed the application. The Court also exercised its inherent power to restore the dismissed DV Application No. 398/2018, directing the JMFC, Thane to restore the same and proceed in accordance with law. The Court held that the transfer and restoration would avoid multiplicity of proceedings and provide relief to the applicant who is uneducated and financially constrained.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 407 CrPC - Convenience of Parties - The High Court allowed transfer of RCC No. 203/2018 from JMFC, Majalgaon, Beed to JMFC, Thane considering the severe financial constraints, hardship, and safety concerns of the applicant-wife who resides in Thane with her minor son and is the primary caregiver. The Court held that transfer is expedient for the ends of justice under Section 407(1)(c) CrPC. (Paras 9-11) B) Criminal Procedure - Inherent Powers - Restoration of Dismissed DV Application - The High Court, while exercising powers under Section 407 CrPC, restored the DV Application No. 398/2018 which was dismissed for default on 08.09.2023, to avoid multiplicity of proceedings and to provide solace to the applicant who is uneducated and financially constrained. The Court directed the JMFC, Thane to restore the DV application and proceed in accordance with law. (Paras 10-11)
Issue of Consideration
Whether the criminal case pending before JMFC, Majalgaon, District Beed should be transferred to JMFC, Thane on grounds of convenience and hardship faced by the applicant-wife, and whether the High Court can restore the dismissed DV application in the same proceedings.
Final Decision
The High Court allowed the application. It ordered the transfer of RCC No. 203/2018 from JMFC, Majalgaon, District Beed to JMFC, Thane. It further directed the JMFC, Thane to restore DV Application No. 398/2018 which was dismissed for default on 08.09.2023 and to proceed in accordance with law. The Court also directed the JMFC, Thane to decide the DV application expeditiously and preferably within six months from the date of restoration.
Law Points
- Transfer of criminal cases under Section 407 CrPC
- Convenience of parties and witnesses
- Ends of justice
- Inherent power of High Court to restore dismissed proceedings
- Avoidance of multiplicity of proceedings
