- 1 - criappln3.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO. 3 OF 2026 Aruna Jagdish Thakare ….Applicant VERSUS The State of Maharashtra & others …..Respondents Ms. R. L. Jakhade, Advocate for Applicant Mr. S. B. Narwade, APP for the State. CORAM : R. M. JOSHI, J. DATE : 16th SEPTEMBER, 2026. PER COURT : 1. By consent of both sides, heard finally at the stage of issuance of notice. 2. This application is for transfer of Special Case No. 383/2025 pending before the Additional Sessions Judge, Jalgaon to the Additional Sessions Judge, Dhule. 3. Applicant is the informant who had lodged report being Crime No. 196/2025 with Chalisgaon Rural Police Station, District Jalgaon for offences punishable under Sections 103(1), 140(1), 238(c), 3(5) of Bharatiya Nyaya Sanhita and Sections 3(2), 3(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. - 2 - criappln3.26.odt 4. It is alleged in the application that the Applicant has strong and bonafide apprehension that the investigation at Chalisgaon Rural Police Station will not be fair and impartial due to local influence of the accused and bias perception. It is claimed that the concerned Police Station investigated in the crime and filed charge-sheet before the Additional Sessions Judge, Jalgaon. Applicant filed this application for transfer in the interest of justice, for fair trial and for her convenience. 5. Heard learned Counsel for the Applicant and learned APP for the State. 6. There is no dispute about the fact that the part of the cause of action has arisen within the jurisdiction of Chalisgaon Rural Police Station, District Jalgaon. Investigation into the crime was conducted by the concerned Police Station and charge-sheet has been filed. There is nothing on record to show that at any point of time investigation has been taken exception to by the Applicant. Applicant appears to seek transfer of the proceeding for her convenience. No doubt, Applicant being informant has every right to participate in the - 3 - criappln3.26.odt proceeding under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, that does not mean that the proceedings which are before the competent Court should be transferred to the Court in whose jurisdiction no cause of action has arisen. The law on the point of jurisdiction of the proceeding is fairly settled to say that transfer of the proceeding should not be effected casually much less for the convenience of the parties. Though allegations are made with regard to bias, there is absolutely no material on record to indicate so. 7. Suffice it to say that, no cause is made out by the Applicant for transfer of the proceeding. Hence, application stands dismissed. 8. This Court would have been justified in imposing exemplary cost against the Applicant for abusing the process of law. Only for the reason that the Applicant being the member of Scheduled Caste, this Court refrains itself from imposing any cost. ( R. M. JOSHI, J.) dyb