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Judgments of Supreme Court of India and High Courts

Shabnam Khatun vs State Of West Bengal & Ors on 21 January, 2019

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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
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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.

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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. )

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