TAPAN KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal revision arises out of an application under Section 407 of the Code of Criminal Procedure filed by the respondent of Misc Case No.77 of 2020 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Grievance of the petitioner is that his marriage was solemnized with one Mallika Das, opposite party No.2 herein in the year 2014. In the said wedlock the opposite party No.2 gave birth to two female children in the year 2016 and 2019 respectively. Few days after marriage, difference of opinion cropped up between the petitioner and opposite party No.2 and the marital relationship broke down. The opposite party No.2 lodged an FIR on 16th December, 2017 on the basis of which a case under Sections 498A/506 of the Indian Penal Code was registered against the petitioner and other matrimonial relations of the opposite party No.2 at Purulia Sadar Police Station. The opposite party No.2 previously filed an application under Section 12 of the Protection of Women from Domestic Violence Act (hereafter described as the said Act) which was registered as Misc Case No.67 of 2018. The said misc case was disposed of by the learned Judicial Magistrate, 2nd Court at Purulia on being withdrawn by her. She also filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance which was registered as Misc Case No.100 of 2018. The said Misc Case was also withdrawn in view of amicable settlement of disputes between the petitioner and the opposite party No.2 at the relevant point of time. After settlement, both the husband and wife stayed for some days at Kharagpur in the district of West Medinipur. In the year 2020 dispute again cropped up between the parties and on 10th June, 2020 the opposite party No.2 suddenly left the house of the petitioner with her parents and then lodged an FIR on 18th June, 2020 on the basis of which a case under Sections 498A/325/307/506 of the Indian Penal Code was registered against the petitioner.

(3.) The opposite party No.2 also filed an application under Section 12 of the said Act being Misc Case No.77 of 2020 in the 4th Court of the learned Judicial Magistrate at Purulia. It is alleged by the petitioner that the father of the opposite party No.2 was a Sheristadar working in the court of the learned Civil Judge (Junior Division), Purulia who has recently been transferred to Raghunathpur as a head comparing clerk, coping department, Civil. By dint of his employment in the Purulia Court, he has influence over the members of staff and learned Advocates practicing at Purulia Court. Therefore, the petitioner is not getting appropriate legal assistance from any of the learned Advocates practicing in Purulia Court. The opposite party stated further that the father of the opposite party No.2 is not only exerting undue influence over the members of staff attached to Purulia Court but also putting pressure upon the learned Lawyers so that the petitioner may not get any legal assistance from them. If the petitioner does not get any legal assistance, Misc Case No.77 of 2020 may be disposed of exparte. Therefore the petitioner has prayed for transferring Misc Case No.77 of 2020 to a Court situated in a nearby district outside Purulia.