MAHUA BHOWMICK Vs. BOBBY BHOWMICK

JUDGEMENT

(1.) This is a revisional application filed by the petitioner, Smt. Mahua Bhowmick alias Priya, against the opposite party Sri Kaushik Bhowmick alias Bobby, her husband, and is directed against the order of the learned District Judge, Nadia dated 9th January, 2002 whereunder he allowed a petition under Section 407 of the Cr.P.C. and transferred the Misc. Case No. 215 (iv) of 2000 from the Court of the learned C.J.M. Nadia to the Court of the learned Judicial Magistrate, Kalyani.

(2.) In the said petition under Section 407 of the Cr.P.C. which was allowed by the learned Sessions Judge, the petitioner-husband took the plea that he was threatened by the other side, i.e., his wife, with dire consequences, whenever he went to the Court at Nadia in connection with the hearing of the above-mentioned misc. case and in view of such threat to his safety and security, he filed that petition under Section 407 of Cr.P.C. seeking transfer of the said case to any other Court of competent jurisdiction. The learned Sessions Judge being satisfied with the grounds made out therein, allowed the petition and transferred the said case to the Court of the learned Magistrate, Kalyani.

(3.) Being aggrieved by that order, the wife has preferred the present revisional application challening that order as erroneous and illegal and therefore, liable to be set aside.