JUDGMENT :

Vibha Kankanwadi, J.

1. In Criminal Writ Petition 945/2019, the petitioners challenge order dated 5.3.2019 passed by 2nd Jt. CJJD and JMFC, Jalgaon in SCC No. 967/2016, whereby the learned trial Judge has committed the case to the Court of Session. Petitioners in Criminal Writ Petition No. 1409/2019 impugn order dated 29.7.2019 passed below Exh. 1 in CC No. 103/2015 by the JMFC, Shevgaon, whereby the case was committed to the Court of Session. Petitioners in Criminal Writ Petition No. 1404/2019 challenge order dated 28.6.2019 passed by Additional Sessions Judge, Shrirampur, Dist. Ahmednagar on application below Exh. 4 in Sessions Case No. 19/2019. Committal order dated 27.3.2019 passed by the Chief Judicial Magistrate, Aurangabad in RCC No. 577/2013 and order dt. 3.9.2019 passed by 11th District Judge and Sessions Judge, Aurangabad in Sessions Case No. 164/2019, are the subject matter of challenge in Criminal Writ Petition No. 1785/2019, whereas petitioners in Criminal Writ Petition No. 2056/2019 assail the order dated 30.9.2019 passed by JMFC, Parbhani in SCC No. 2106/2017, whereby the learned JMFC committed the case to the Court of Session, Parbhani for further trial.

2. Since all these criminal writ petitions raise almost similar issue and, therefore, they are proposed to be heard and disposed of by this common order.

3. All the petitioners are original accused, who are facing trial for the offence punishable under Section 353 of Indian Penal Code with some other sections of Indian Penal Code (IPC). All the cases involved in these writ petitions were instituted/filed before the Court of Judicial Magistrate, First Class. Except the case which is the subject matter in writ petition No. 945/2019, in other three writ petitions, the cases before the learned Judicial Magistrate, First Class have been committed to the Court of Sessions under Section 323 of Code of Criminal Procedure (for short, Cr.P.C); whereas as regards the case involved in writ petition No. 945/2019, the learned JMFC says that he has committed the case under Section 209 of Cr.P.C.

4. The background or the reasons as to why the cases are transferred/committed to the Court of Session, are, - (i) Amendment to IPC as well as Code of Criminal Procedure (Cr.P.C) by the Government of Maharashtra by the Indian Penal Code and the Code of Criminal Procedure (Maharashtra Amendment) Act 2017; and the decision of this court at Nagpur Bench in Criminal Application (APL) No. 1146/2018; [2019 ALL MR (Cri) 704] (Shyamrao Vithoba Pillare Vs. State of Maharashtra through PSO, P.S. Gadchiroli, decided on 13.12.2018, wherein after examination of the first witness by the learned Chief Judicial Magistrate, an order came to be passed for committal of the case to the Court of Session and thereupon, the accused had filed an application for remitting the case to the Court of Chief Judicial Magistrate. The said application came to be rejected and the said order was challenged before the High Court. Taking into consideration the decision in Ramesh Kumar Soni Vs. State of Madhva Pradesh, (2013) 14 SCC 696 : [2013 ALL SCR 1458] and Securities and Exchange Board of India Vs. Classic Credit Ltd., 2017 9 Scale 458 : [2017 ALL SCR (Cri) 1469], it was held that the change in the forum by the Maharashtra Act No. 40 of 2018, is retrospective. The accused cannot claim vested right in respect of forum for trial. As such, right is not recognized or conferred by law and, therefore, rejection of the application of the accused by the learned Sessions Judge was upheld by this court. Taking into consideration this decision, it appears that many cases in Maharashtra State have been transferred/committed to the Court of Sessions, wherein Section 332 and/or 353 of IPC are involved. The petitioners before this Court in all these petitions are also challenging the respective orders passed by the learned Judicial Magistrate, committing the cases to the Court of Session. It will not be out of place to menti