MD. MOINUL HOQUE Vs. MOMTAZ BEGUM KHAN

JUDGEMENT

(1.) By this petition the petitioner has prayed for transferring of the Complaint Case No 811/2009 pending in the court of the learned Addl. Chief Judicial Magistrate, Hailakandi to the court of the Chief Judicial Magistrate, Barpeta or to any other of Nalbari.

(2.) I have heard Mr. I. Uddin, Learned Counsel for the petitioner and Mr. M.H. Rajborbhuyian, Learned Counsel for the respondent.

(3.) The petitioner is an accused in the aforesaid Complaint Case instituted by the complainant wife alleging offence under Section 498A, IPC, in the court of the learned Chief Judicial Magistrate, Hailakandi. The learned trial court after perusal of the complaint -and recording the initial statement of the complainant took cognizance of the offence under the aforesaid section of law. At that stage, the petitioner has approached this Court for transferring the case as indicated above.