SUBODH CH MAJUMDER Vs. MINA MAJUMDER MISRA

JUDGEMENT

(1.) This is an application under Section 407, Cr. P.C. for an order transferring the case being M.R. Case No. 84/94 from the Court of Judicial Magistrate, Cooch Behar district to that of Jalpaiguri district filed by Subodh Chandra Majumder who is the opposite party/second party in the said M.R. Case (hereinafter referred as the petitioner) whose case is as follows. The petitioner married the opposite party Mina Misra on 29.5.1989. Since then they lived peacefully as husband and wife in his house for about 20 days. Then the opposite party came to her father's house never to return. Since thereafter various incidents took place whereby their relationship became strained and untimately the opposite party filed an application under Section 125, Cr. P.C. before the Court of Chief Judicial Magistrate, Cooch Behar, whereupon the learned Magistrate issued notice upon this petitioner directing him to show-cause why he should not pay maintenance to the opposite party at the rate of Rs. 1,500/- per month. By an order dated 18.1.1996, the learned C.J.M., Cooch Behar was pleased to direct this petitioner to pay ad interim maintenance of Rs. 500/- per month to the opposite party.

(2.) The petitioner-husband has now filed this application under Section 407, Cr. P.C. for transfer of the case from the Court of Judicial Magistrate, Cooch Behar to the Judicial Magistrate at Jalpaiguri on the following grounds. First, no cause of action arose in the district of Cooch Behar and, therefore, the learned Judicial Magistrate has no locus standi to entertain his case. Secondly, the petitioner who is a C.R.P.F. Jawan is now posted at Bhopal and if he is to attend the Court at Cooch Behar from Bhopal he will have to come to Jalpaiguri first and therefrom to Cooch Behar and this long journey will be troublesome for him apart from being expensive and time consuming. Thirdly, on previous occasions the petitioner had to attend Court of Cooh Behar when dates for hearing or for appearance were fixed and then the opposite party alongwith her father and some other anti-social elements threatened the petitioner with consequences if he did not concede to the demands of opposite party but contest the case.

(3.) The grounds on which an application for transfer of a case from one Court to another can be made have been provided under Section 407(i), Cr. P.C. which lays down that wherever it is made to appear to the High Court, (a) that a fair and partial enquiry or trial cannot be had in any Court subordinate thereto, or (b) that some question of law of unusual difficulty is likely to arise, or (c) that an order under this section is required by any provision of this Code or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order that any particular case or appeal be transferred from a Criminal Court subordinate to its authority to any other such Court of equal or superior jurisdiction.