YASHMIN KHATOON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for transfer of G.R. Case No. 834 of 2001 under Sections 498A/494 I.P.C. pending in the Court of learned Sub-Divisional Judicial Magistrate (now Chief Judicial Magistrate), Jalpaiguri to the Court of Islampur, District Uttar Dinajpur.

(2.) The circumstances leading to the above application are that the marriage of the petitioner was solemnized with O.P. No. 2 Md. Doud on 07.07.99 according to Mahomedan rites and customs, and out of the said wedlock a male child was born on 26.7.2002. Since the time of marriage the petitioner was subjected to cruelty, both physically and mentally by the O.Ps./ accused persons who drove her out from the matrimonial home and since then she has been residing at her father's place. She obtained an order of maintenance in M.R. Case No. 159 of 2001 under Section 125 Cr. P.C. @ Rs. 500/- p.m. for self and Rs. 200/- p.m. for her minor son from the Court of learned S.D.J.M., Islampur, District Uttar Dinajpur. After driving her out O.P.No. 2 has married for the second time to one Saraswati. On account of the said torture she lodged a complaint with Islampur P.S. which forward the same to Malbazar P.S. and charge-sheet under-Sections 498A/494 I.P.C. was filed. The said O.Ps. have been continuously threatening her with dire consequences if she proceeds with the aforesaid case being G.R. No. 834 of 2001, for which she lodged a complaint with O.C., Jalpaiguri P.S. as also O.C., Islampur P.S. She reasonably apprehends that her life will be in danger if she has to go to the Court of Jalpaiguri for the purpose of conducting the aforesaid criminal case, as the O.Ps./accused persons will not allow her and also herwitnesses to depose before the Court. Moreover, as she has a minor child, aged about three years, it would not be possible on her part to go to the Court of Jalpaiguri for conducting the case.

(3.) Mr. Purnasish Gupta, learned Counsel forthe petitioner, advanced argument contending that since his client being a lady, having a child aged about three years, has been continuously threatened with dire consequences by the O.P./accused 2 to 10 if she attends the Court at Jalpaiguri to conduct the case, her apprehension regarding danger to her life is reasonable and in such circumstances, there will be little or no chance on the part of her as also her witnesses to depose in the case in the Court of Jalpaiguri. In support of his contention, Mr. Gupta drew Court's attention to two G.D.Es. dated 12.09.2002 and 17.09.2002 lodged at Islampur P.S. and Jalpaiguri P.S. respectively. Mr. Kashem Ali Ahmed, learned Counsel for the State, in his usual fairness, supported the above contention and submitted that the apprehension of the petitioner being reasonable, the Court may consider the prayer favourably.