AKHILESH DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant case arises out of an application under Sec. 407 Cr.P.C. read with Sec. 482 Cr.P.C. whereby and whereunder the petitioners who are the accused persons before the Learned Trial Court have prayed for transfer of the case record of G.R. case no. 725 of 2018 as pending before the Court of Learned Chief Judicial Magistrate, Coochbehar to the Court of Learned Chief Judicial Magistrate Jalpaiguri.

(2.) For effective adjudication of the instant lis, the facts leading to filing of the instant application is required to be dealt with in a nutshell. Admittedly marriage between the Petitioner 3 and the opposite party no. 2 was solemnized on 22/2/2018. However, on account of family turmoil the Petitioner no. 3 and the opposite party no. 2 started residing separately for which the relationship between the petitioners who are the parents-in-law and husband of the opposite party no. 2 respectively and the opposite party nos. 2 and opposite party no. 3 being the brother of the opposite party no. 2 have become strained. In course of time the opposite party no. 2 lodged a written complaint dtd. 1/8/2018 against the petitioners with the O.C. Women Police Station, Coochbehar for which the said Police Station started Women Police Station case no. 127 of 2018 dtd. 1/8/2018 under Ss. 498A/307 I.P.C. against the present petitioners. Investigation was taken up in the said case and on completion of the same charge-sheet under Ss. 498A/307 I.P.C. against the present petitioners has been submitted in the Court of Learned Chief Judicial Magistrate, Coochbehar. It is pertinent to mention herein that in the said case all the 3 petitioners herein were on bail.

(3.) In the G.R. case no. 725 of 2018 arising out of the said Police Station case, the said Court has fixed several days for appearance for the present petitioners but on account of their absence warrant of arrest has been issued against the present petitioners.