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Judgments of Supreme Court of India and High Courts

(Karuna Kishku vs State & Anr.) on 21 July, 2017


61 21.07.2017
an Court No. 34

CRR 579 of 2015
(Karuna Kishku vs. State anr.)

Mr. Uday Sankar Chattopadhyay
Mr. Santanu Maji
Ms. Snigdha Saha
…………. for the Petitioner

Mr. Sourav Chatterjee
……………. for the State

Heard the parties.

On being requested by this court, Mr. Sourav Chatterjee, learned

counsel is appearing for the State authorities in this matter and the learned Public

Prosecutor is requested to regularise his appointment.

The grievance of the petitioner is such that the present petitioner is an

inhabitant of District Burdwan but her matrimonial home is at Kalyani. She has

filed a case under Section 125 of the Code of Criminal Procedure which is pending

before the 3rd Court, learned Judicial Magistrate, Burdwan. She has also filed a

case under Section 498A of the Indian Penal Code with Kalyani P.S. jurisdiction as

her matrimonial home is situated within that jurisdiction. Now, when she had gone

to Kalyani Court, she was threatened by the accused persons.

In such circumstances, she has prayed for getting the case transferred

from Kalyani to any court of District Burdwan. The accused persons resides at

Kalyani area which is quite at a distance from Burdwan, at the same time,

considering the address of the defacto-complainant also, I think that purpose of

justice shall be best served if the case be transferred to the court of learned

Additional Chief Judicial Magistrate, Kalna for disposal of her case being G.R. Case

no. 1883/2011 pending before the Kalyani Court.

Accordingly, I direct the concerned learned Judicial Magistrate, Kalyani

to send the entire case records bearing No. G.R. Case No. 1883/2011 to the learned

Additional Chief Judicial Magistrate, Kalna within a fortnight from the date of

receipt of this order. At the same time, the learned Additional Chief Judicial

Magistrate, Kalna is directed to inform the parties about the date of hearing, if fixed

by him after getting the case records from the court of learned Judicial Magistrate,

Kalyani and to dispose of the case expeditiously in accordance with law.

Hence, with the above directions, the criminal revisional application

stands allowed.

Let a copy of this order be forwarded to the learned trial court for

information and necessary action.

Urgent certified photostat copy of this order, if applied for, shall be given

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

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