1. Date of Hearing:

   • The case was heard on October 16, 2024, by the High Court with Ms. Musale representing the applicant and Ms. Phad representing the State.

2. Application for Case Transfer:

   • The applicant (wife) seeks the transfer of her criminal case (RCC No. 203/2018) from the Judicial Magistrate First Class (JMFC), Majalgaon, District Beed to JMFC, Thane, citing hardship and convenience.

3. Notice to Respondents:

   • Respondents (Nos. 2 to 6) were duly served by the registry on 03.03.2022 but have remained absent throughout, leading to a delay in proceedings.

4. Applicant’s Current Status and Hardship:

   • Applicant resides in Thane with her mother and brothers. She is the primary caregiver for her 8½-year-old son. Her family faces severe financial constraints, and her mother works as a debris collector.

5. Applicant’s Legal Actions:

   • FIR lodged on 25.05.2018 against Respondent No. 2 under sections 498-A, 323, 504, 406 r/w 34 of IPC. The applicant also has a pending maintenance case.

6. State's Submissions:

   • Ms. Phad (APP) suggests the court exercise its power under Section 407 of Cr.P.C. to provide relief to the applicant given her circumstances.

7. D.V. Application Dismissal:

   • Applicant's D.V. Application No. 398/2018 was dismissed for non-prosecution due to financial constraints. Applicant’s advocate requests the court to restore it, citing the hardship and the applicant’s inability to afford legal services.

8. Legal Provision: Section 407 of Cr.P.C.:

   • The court highlights Section 407, which provides the High Court the power to transfer cases to ensure fairness, convenience, and justice.

9. Court’s Decision to Restore D.V. Application:

   • Recognizing the interconnectedness of the criminal case and the D.V. application, the court restores D.V. Application No. 398/2018 under Section 407(1)(c) of Cr.P.C.

10. Order to Transfer RCC No. 203/2018:

• The court grants the transfer request, directing JMFC, Thane, to consolidate RCC No. 203/2018 with the restored D.V. Application to avoid conflicting decisions and multiplicity of proceedings.

11. Directions for Interim Maintenance:

• The court directs JMFC, Thane, to expedite the hearing on the applicant’s interim maintenance request within six weeks.

12. Legal Aid Appointment:

• The court directs the District Legal Services Authority, Thane, to appoint a legal aid advocate from the Thane Bar for the applicant.

13. Conclusion:

• The application is allowed and disposed of, with necessary directions for legal aid and case consolidation to ensure the applicant’s access to justice.

Acts and Sections Discussed:

• Section 407, Cr.P.C.: Power of the High Court to transfer cases and appeals.
• Sections 498-A, 323, 504, 406 r/w 34 of IPC: Offences related to domestic violence, assault, criminal intimidation, and breach of trust.
• Domestic Violence Act: Provisions for protecting and providing maintenance to victims of domestic violence.

Ratio Decidendi:

The court exercised its discretionary power under Section 407 of the Cr.P.C. to transfer the criminal case and restore the D.V. application, emphasizing the necessity of avoiding multiplicity of proceedings and ensuring the convenience of the applicant, who is facing financial and logistical hardships.

Subjects:

Criminal Law, Domestic Violence, Maintenance

Case Transfer, Domestic Violence, Financial Hardship, Legal Aid, Cr.P.C. Section 407