MANOWARA BIBI Vs. ABDUS SAMAD LASKAR

JUDGEMENT

(1.) This Revisional application is directed against an order passed on 20-11-81 by the learned Chief Judicial Magistrate, 21 Parganas at Alipore in Criminal Misc. Case No. 46 of 1981 under Sec. 41 (sic 410) of the Code of Criminal Procedure.

(2.) The matter has arisen in the following circumstances:-

(3.) He has further expressed the view that it would have been better on the part of the present petitioner-wife to move the Honourable Court to get the final order in her favour regularising the irregularity and directing the learned judicial Magistrate, 10th Court, Alipore who is otherwise competent to dispose of the case to its conclusions particularly in view of the fact that considerable time has passed and the petitioner has almost completed her evidence in the proceeding for maintenance. In view of such uncertain finding regarding the nature of the transfer order and its effect made by the learned Chief Judicial Magistrate and the opinion expressed by him that it would have been better on the part of the petitioner to move this court to regularise the transfer, the present petitioner has come up before this court with this application which has been heard as a 'contested application' after notice to the opposite party No. 1 who has not appeared in spite of the service of notice.