06.03.2019 CRR 2747 of 2018
Ct. No. 29
In the matter of:- Mridula Paul …petitioner
Md. Shahjahan Hossain,
Mr. Supriyo Das.
…for the petitioner.
This is an application for transfer of GR Case No.350 of 2013
under Sections 406 and 498A read with Section 34 of the Penal Code
pending before the learned Judicial Magistrate, 7th Court, Asansol to the
Court of the learned Additional Chief Judicial Magistrate, Barrackpore, 24-
The learned Advocate appearing on behalf of the petitioner
submits that the petitioner filed the instant First Information Report in
Asansol as a bulk of the cause of action had arisen there. He further
submits that the respondent/opposite party no.1 filed a divorce suit in
Asansol and subsequently upon a prayer made by the present petitioner,
the case was transferred from Asansol to a competent learned Court at
Barrackpore, 24-Parganas (North) by this Court. He submits that the
petitioner presently resides within the jurisdiction of Barrackpore, 24-
Parganas (North). She has to take care of her son who is physically
challenged. The learned Advocate further contends that most of the
witnesses named in the charge sheet stay at Barrackpore. He, therefore,
prays that in the interest of justice the case may be transferred to the Court
of the learned Additional Chief Judicial Magistrate, 24-Parganas (North).
Let the petitioner serve a copy of this application upon the State through the
learned Public Prosecutor and upon the opposite party no.1 by speed post with
acknowledgment due, within a week. An affidavit of service to that effect shall be filed on
the next date of hearing.
Let this matter appear as a ‘Contested Application’ two weeks hence.
Upon the prayer of the learned Advocate appearing for the petitioner/de facto
complainant, the impugned proceedings shall remain stayed for a period of six weeks
from this date.
The parties shall be at liberty to pray for extension or modification or vacating
of the interim order upon notice to the other side.
Urgent photostat certified copy of this order may be supplied to the parties
expeditiously, if applied for.
(Jay Sengupta, J.)