BISHNU CHARAN PATRA Vs. SULEKHA PATRA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

(2.) This is an application U/S 407 of the Code of Criminal Procedure, 1973 (In short the 8Code9) by the petitioner seeking for transfer of D.V. Misc. Case No. 339 of 2017 pending in the file of learned S.D.J.M., Jagatsinghpur to the learned S.D.J.M., Kendrapara on the grounds that the petitioner is a labourer and he would face inconvenience to attend the Court at Jagatsinghpur by coming from Kendrapara where another criminal case is pending between the parties.

(3.) In the course of hearing, Mr. P.C. Acharya, learned counsel for the petitioner submits that the petitioner is a labourer by occupation and the opposite party in this case is his wife, who has filed a criminal case against the petitioner at Kendrapara. Since the petitioner is the resident of Kendrapara and the parties were earlier residing there, but by citing the address of some of her relative, the Opposite Party has filed the aforesaid D.V. Misc. Case and the petitioner being unable to come to Jagatsinghpur, the D.V. Misc. Case may kindly be transferred to the learned Judge, Family Court, Kendrapara. None appears for the O.P-wife.