C.R.R. 2781 of 2016
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
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,
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
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
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
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
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. )