GIAS UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.J. Quadir, learned counsel for the petitioners. Also heard Mr. M. Sarma, learned counsel for the respondent Nos.2 and 3 and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

(2.) This petition, under Sec. 407 of the Code of Criminal Procedure, 1973, is preferred by four petitioners, namely, Gias Uddin Ahmed, Begum Firoza Ahmed, Semim Imtiaz Ahmed and Rojee Begum @ Roji Begum, for transferring the Misc.(DV) Case No.03/2022 filed by the respondent No.2 against the petitioners and the respondent No.3, pending in the Court of learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur, to the Court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati. It is to be noted here that the Misc.(DV) Case No.03/2022, is filed by the respondent No.2 against the petitioners and also against the respondent No.3.

(3.) The background facts leading to filing of the present petition is briefly stated as under:-