DEBAPRASAD BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD Mr. Dipak Kumar Mukherjee, the Learned Counsel appearing on behalf of the petitioners as well as Mr. Tapan Dutta Gupta for the opposite party/wife and Mr. Sandipan Ganguly for the State. Perused the materials on record.

(2.) AT the very outset Mr. Mukherjee submitted that although in the instant criminal revision the petitioners sought for quashing of the charge-sheet, but at the present moment same is not pressed, but contended the Learned judicial Magistrate, 3rd Court, Durgapur has no jurisdiction to hold the trial as no part of cause of action arose within his territorial limit. On the other hand, while Mr. Sandipan Ganguly appearing for the state supported the contention of the learned advocate of the petitioners that the court where the case is now pending for trial has no territorial jurisdiction, but mr. Tapan Dutta Gupta, the learned Counsel for the defacto-complainant/wife vehemently opposed their contentions.

(3.) THE case at hand relates to an offence punishable under Section 498a of the Indian Penal Code. Now having gone through the materials on record, I find according to the defacto-complainant whatever ill-treatment she was subjected to was meted out to her at her matrimonial home situated at tikorhat, Lakurdi, Burdwan and no part of cause of action arose within the territorial limit of the Learned Judicial Magistrate, 3rd Court, Durgapur, therefore, the Learned Magistrate concerned has no jurisdiction to deal with the matter. Accordingly, it is directed the case records relating to the G. R. Case No. 941/08, now pending before the Learned Chief Judicial Magistrate, 3rd Court, durgapur be immediately transferred to the Court of the Learned Chief Judicial magistrate, Burdwan. It will be open to the Learned Chief Judicial Magistrate, burdwan either to hold the trial himself or to transfer the case to some other competent Court for the trial. This application thus, stands disposed of. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.