SUNIL LAXMANDAS NARSINGHANI v. THE STATE OF MAHARASHTRA AND ANR.
APL/949/2025 · 2026-08-27
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3713 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3713 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
6-APL-949-2025 (CR).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 949 OF 2025 Sunil Laxmandas Narsinghani .....Applicant Vs. The State of Maharashtra & Anr. .....Respondents ... Mr. Ajeet Manwani a/w Mr. Amol Thorat, Advocate for the Applicant. Mr. Nagesh Chavan with Ms. Ankita Chindage, Advocate for the Respondent No.1. Mr. Anand Salgaonkar, APP for Respondent-State. ... CORAM : ABHAY J. MANTRI, J. DATE : AUGUST 27, 2026 PER COURT :
1. The Applicant seeks transfer of PWDVA Application No.125 of 2022 pending before the learned 5th JMFC Court at Sangli to the learned JMFC Court at Kolhapur, as well as the PWDVA Appeal No. 35 of 2024 pending before the 5th Additional Sessions Judge, Sangli, to the learned Sessions Court, Kolhapur and also prayed to expedite both the proceedings. 2. Heard the learned Advocate for both the parties and perused the record. 3. It is pertinent to note that, on query, the learned Advocate for Respondent No. 2 replied that she is residing in Kolhapur as well as Sangli. Suresh
6-APL-949-2025 (CR).odt
4. It further appears from the record that the Applicant in this Application has shown the address of Respondent No. 2 as she is residing in Kolhapur, and notice was served upon her at the said address in Kolhapur on 30th January 2026. Similarly, Respondent No. 2 has filed her reply to the Application on 23rd July 2026, wherein, in paragraph 1 and in the verification clause, she has categorically stated that she is residing at Gopal Niwas, Near Haridev Market, Gandhi Nagar, Tal. Karveer, District Kolhapur. This fact itself indicates that Respondent No. 2 is also residing in Kolhapur. However, both the PWDVA proceedings and the Appeal under the Protection of Women from Domestic Violence Act, 2005 (for short, “PWDVA Act”) are pending in Sangli. Therefore, the Applicant has moved this Application seeking transfer of both proceedings from the Sangli Courts to the Kolhapur Courts. 5. The learned Advocate for the Applicant, on instructions, submitted that the Respondents undertake to pay an amount of Rs. 2,000/- to Respondent No. 2 towards the expenses for attending the Court proceedings at Kolhapur, which the learned Advocate for Respondent No. 2 does not dispute. 6.
Thus, having considered the above facts and submissions, and the dictum laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha1, in my view, it would be appropriate to 1 AIR Online 2022 SC 1268 Suresh
6-APL-949-2025 (CR).odt transfer the PWDVA Application No. 125 of 2022, pending before the learned 5th JMFC, Sangli, as well as PWDVA Appeal No. 35 of 2024, pending before the learned Additional Sessions Judge, Sangli, to the learned JMFC and Sessions Court at Kolhapur, respectively. It would not cause any inconvenience to the parties, as both parties reside in Kolhapur. 7. Similarly, the learned Advocates for the Petitioner and Respondent No. 2 jointly requested that the learned JMFC be directed to expedite the DV proceedings pending before the Learned JMFC. 8. Consequently, the Application is partly allowed as under. 9. The PWDVA Application No.125 of 2022, pending before the learned 5th JMFC, Sangli, is hereby transferred to the learned JMFC Court at Kolhapur. Similarly, PWDVA Appeal No. 35 of 2024, pending before the learned Additional Sessions Judge, Sangli, is hereby transferred to the learned Sessions Court at Kolhapur. 10. Needless to clarify that, on physically attending the Court proceedings in PWDVA Application No.125 of 2022, by Respondent No. 2, the Applicant shall pay an amount of Rs. 2,000/- to her towards expenses for attending the proceedings at Kolhapur Court on each date, failing which the Applicant’s right to proceed in the matter shall stand forfeited. The Applicant shall pay the said amount to Respondent No. 2 on the same day by any mode. Suresh
6-APL-949-2025 (CR).odt
11. It further appears that the DV proceedings have been pending since 2022. Therefore, considering the said fact, the learned JMFC is directed to expedite the said Application and dispose of the same as early as possible within one year from the date of receipt of the record of the proceedings from the Sangli Court.
The remaining prayers in the Application are rejected. 12. Inform both the concerned Courts accordingly. 13. The Miscellaneous Civil Application stands disposed of accordingly. (ABHAY J. MANTRI, J.) Suresh