RABINDRA NATH ACHERJEE Vs. BIPLAB MUKHERJEE

JUDGEMENT

(1.) The present revision is an application for transfer of the proceeding arising out of the complaint in connection with the Case no. C. Case No 209/2018 (T.R NO. 62/2018) dtd. 28/11/2018 under Ss. 448/323/379/427/504/34 of the Indian Penal Code, pending before the Learned Judicial Magistrate. 1st Class, 3rd Court, Katwa, at Purba Bardhaman to the Learned Additional Chief Judicial Magistrate at Durgapur, Paschim Bardhaman or to any other appropriate Court having jurisdiction, in terms of Sec. 407 of the Criminal Procedure Code.

(2.) The petitioners submit that the petitioners no. 1, 2 and 3 are aged persons and petitioner no. 4 is the younger daughter of petitioner no. 1 and 2.

(3.) That, prior to the alleged complaint the wife (elder daughter of the petitioner no 1 and 2) of the complainant/opposite party herein had also filed an application under Sec. 12 of the Protection of women from Domestic Violence Act, 2005 for reliefs under Ss. 17/18/19/20/21/22/23 of the Protection of Women from Domestic Violence Act, 2005, and the same was registered as being Misc. Case No. 406/2015, and the said case was contested by the complainant/opposite party herein. The opposite party also had preferred an Appeal being criminal Appeal No. 01/2017(06/17) challenging the order of the Learned Judicial Magistrate, 4th Court, at Durgapur and the Judge Special cum Additional District and Sessions Judge, Durgapur had also affirmed the order passed by the Learned Judicial Magistrate in Misc. Case No. 406/2015.