CHANDRA SEKHAR BHATTACHARYA Vs. SUBHRA BHATTACHARYA

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for transfer of Misc. Case 103 of 2002 under Section 125 Cr. P. C. filed by the O. P. /wife, pending in the Court of Ld. C. J. M. , Hooghly, Chinusrah to the Court of Ld. C. J. M. , Howrah or Metropolitan Magistrate, Calcutta.

(2.) The circumstances leading to the above application are that the O. P. who is a teacher of Bipradas Junior Technical School, Nadia and earns Rs. 9420/- p. m. as salary, with the help of public leaders belong to a political party has been able to procure a forged certificate showing her monthly salary as Rs. 1000/-, and in order to substantiate it, it is necessary for the petitioner to produce counter evidence, both oral and documentary. On 29.07.2003 at about 1.30/2.00 p. m. on his way back from Chinusrah Court to Naihati Railway Station while he was proceeding towards Ferry Ghat and reached near Divisional Commissioner's Officer, a young boy showed a revolver intending to threat the petitioner not to contest the said case of O. P. On 11.08.03 after the evidence of O. P. when the petitioner went to the sherista of his Advocate, his Advocate's clerk informed him that some local people were hatching a plan at the behest of O. P. and her father to assault the petitioner and to threat him not to contest the said case and Mat Suit 262 of 2002 filed by O. P. for restitution of conjugal rights. The O. P. also threatened him not to disclose anything against her character before the Court of ld C. J. M. As such, the petitioner apprehends risk of life of him as also that of his witnesses if they attend the Court of Chinusrah.

(3.) As none appeared for the O. P. /wife, the matter was heard ex parte.