MIHIR SAHA Vs. MADHU CHHANDA SAHA

JUDGEMENT

(1.) This is an application under Section 407(1)(c) of the Code of Criminal Procedure for an order transferring the criminal case being Balurghat Police Station Case No. 66/97 dated 14th February, 1997 under Sections 498-A, 406, 497 and 120, I.P.C. corresponding to G.R, Case No. 205 of 1997 from the Court of the learned Sub-Divisional Judicial Magistrate, Balurghat to any other Court in the State.

(2.) The case of the petitioner is that he married the opposite party No. 1 according to the Hindu rites on 26th February, 1993 at Balurghat and since after the marriage the opposite party No. 1 lived with him as his wife at his father's house at Cooch Behar. Later, on 22nd January, 1995, the opposite party No. 1 left her matrimonial home without any rhyme and reason and did not return. Thereafter a divorce suit was filed by the petitioner at Cooch Behar Court which is still pending in the Court of the learned District Judge, Cooch Behar. Subsequently, the opposite party No. 1 filed a complaint in the Court of the Chief Judicial Magistrate, Balurghat on 20th November, 1996 under Sections 498A, 406, 497 and 120, I.P.C. against the petitioner. That case is now pending in the said Court at Balurghat. The petitioner accused being a Bank employee has since been transferred to Chinsurah Branch of the Bank and has now been residing there. He was granted anticipatory bail in connection with that criminal case and later, he surrendered himself before the Court of the Chief Judicial Magistrate, Balurghat and obtained regular bail. When the petitioner went to surrender before that Court on 30th July, 1997 an untoward incident took place at the instance of the opposite party No. 1. She engaged some rowdy elements and the petitioner was manhandled by them. The petitioner's Advocate who accompanied him from Chinsurah was also attempted, but he narrowly escaped. After returning to Chinsurah, he lodged a General Diary by registered post to Balurghat Police Station over this incident. While at Chinsurah, he has been threatened over telephone by the opposite party No. 1 and her men with severe assault, if he be found at Balurghat. The petitioner apprehends physical assault at the hands of the rowdy agents of the opposite party No. 1 in the event he enters his appearance at Balurghat in connection with the said criminal case. He has engaged an Advocate at Balurghat for the purpose of management of the case and he is now and then in need of consulting with that learned Advocate, but in view of the aforementioned threat on his life and limb, he is not in a position to personally appear at Balurghat. Moreover, the Magistrate of Balurghat has no territorial jurisdiction to try the said criminal case since the alleged offence had been committed, if at all, within the jurisdiction of the District of Cooch Behar where the matrimonial home of the opposite party No. 1 is situated.

(3.) Due to these reasons the petitioner has filed this application for transferring the criminal case from the Court of the learned Magistrate, Balurghat to the Court of the Chief Judicial Magistrate, Cooch Behar or any other Court outside the district of Dakshin Dinajpur.