Calcutta High Court (Appellete Side)
Shabnam Khatun vs State Of West Bengal & Ors on 21 January, 2019
Author: Asha Arora
Bench: Asha Arora
1 21.01.2019
Item No.4 Ct.No.30 dc.
C.R.R. 2781 of 2016 Shabnam Khatun versus State of West Bengal & Ors.
Mr. Anirban Banerjee ... For the Petitioner.
Ms. Faria Hossain ... For the State.
Affidavit-of-service be kept on record. Despite service of notice none appears for the opposite party Nos. 2 to 6.
Supplementary affidavit filed on behalf of the petitioner annexing a copy of Voter's Identity Card and Aadhar Card be kept on record.
By the instant application the petitioner has sought for transfer of G.R. Case No. 188(1) of 2014 arising out of Mirik P.S. Case No. 63 of 2014 dated 07.07.2014 under Section 498A of the Indian Penal Code from the court of Additional Chief Judicial Magistrate, Kurseong to the court of Chief Judicial Magistrate, Jalpaiguri.
Learned advocate for the petitioner submits that the charge has been framed against the opposite party nos. 2 to 6 and the case is posted for evidence. In the course of the proceedings some unknown miscreants threatened the petitioner with dire 2 consequences if she appeared before the trial court on the date of evidence. The matter was accordingly diarised with the Inspector-in- Charge of Mirik police station as well as Banarhat police station. It is contended that the opposite party nos. 2 to 6 are very influential and due to their threats the petitioner is unable to attend the Court at Kurseong. Further submission is that the parental house of the petitioner is in village Chamurchi in the district of Jalpaiguri which is about 150 kilometres from the court at Kurseong and there is no direct communication between Chamurchi and Kurseong.
Learned advocate appearing for the State submits that in view of the aforesaid facts and circumstances as stated by the petitioner the matter may be transferred to the court at Jalpaiguri as prayed for.
Considering the inconvenience and difficulty of the petitioner in attending the court at Kurseong and the fact that the parental house of the petitioner is in the district of Jalpaiguri, the application is allowed.
Let the records of G.R. Case No. 188(1) of 2014 arising out of Mirik P.S. Case No. 63 of 2014 dated 07.07.2014 under Section 498A of the Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, Kurseong be transmitted to the Court of the Chief Judicial Magistrate, Jalpaiguri for disposal in accordance with law.
3
A copy of this order be communicated to the learned Additional Chief Judicial Magistrate, Kurseong as well as the learned Chief Judicial Magistrate, Jalpaiguri for information and necessary action.
The application being C.R.R. 2781 of 2016 is thus disposed of. Urgent photostat certified copy of this order, if applied for, be given to the applicant upon compliance of requisite formalities.
( ASHA ARORA, J. )