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Mridula Paul vs Unknown on 6 March, 2019


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-

Parganas (North).

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.)

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