MIHIR SAHA Vs. MADHUCHHANDRA SAHA

JUDGEMENT

(1.) This revisional application has been filed for the sole purpose of transfer of the proceeding under Section 125 of the Code of Criminal Procedure being M.R. Case No. 166/96 from the Court of Judicial Magistrate, Balurghat, Dakshin Dinajpur to a Court of competent jurisdiction of some other Districts, namely, Malda, or Barasat, or Krishnanagar or Calcutta.

(2.) The husband-petitioner has come up with a plea that on a particular date on 30.7.1997 when he went to attend the Court at Balurghat, some rowdy elements, engaged by the opposite party-wife, manhandled him but, somehow, the petitioner was however saved. This does not appear to be a valid ground to transfer the proceeding. Be it noted that the opposite party-wife was presently staying with a minor child in her parents' house. That being as such, it would not be desirable to make her to travel to a long distance to attend a Court to some other places.

(3.) For the reasons aforesaid, the revisional application is dismissed. The petitioner shall, however, not be precluded from moving the Court of the learned Magistrate at Balurghat to provide protection during the course for appearance in the Court, if needed.