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2010 DIGILAW 793 (CAL)

Archan Sinha v. STATE OF WEST BENGAL

2010-07-09

ASHIM KUMAR ROY

body2010
JUDGMENT 1. INVOKING Section 407 of the Code of Criminal Procedure, the husband/petitioner has moved this Court for transfer of a maintenance proceeding under Section 125 of the Code of Criminal Procedure, now pending before the Learned Judicial Magistrate, 2nd Court, Alipore, 24-Parganas (South) being Misc. Case No. 206 of 2009 to any Court of the Judicial Magistrate at Howrah. 2. HEARD the Learned Counsel appearing on behalf of the parties. Considered their rival submissions as well as the pleadings in the application for transfer. It is an admitted position as many as three cases pending between the parties and all arising out of matrimonial disputes have been transferred by this Honble High Court to Howrah Sadar Court from different districts where those cases were instituted and pending. This Honble Court in C.R.R. No. 4202 of 2008 transferred Misc. Case No. 38 of 2008 under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 from the Court of the Learned Additional Chief Judicial Magistrate, Chandannagar, Hooghly to the Court of the Learned Chief Judicial Magistrate, Howrah. Similarly, in C.R.R. No. 977 of 2009 this Honble High Court transferred the G.R. Case No. 83 of 2008 under Sections 498A/406 of the Indian Penal Code from the Court of the Additional Chief Judicial Magistrate, Chandannagar to the Court of the Learned Chief Judicial Magistrate, Howrah. In connection with C.O. No. 3197 of 2008 this Honble High Court in exercise of power under Section 24 of the Code of Civil Procedure transferred the Matrimonial Suit No. 800 of 2007 pending between the parties from the Court of the Learned District Judge, 24-Parganas (South) to the Court of the Learned District Judge, Howrah. The copies of all the aforesaid orders are already on records. 3. NOW, having regards to the facts that as many as three cases are now pending at Howrah Court, in my opinion it would be for the general convenience of the parties and would be expedient in the interest of justice that the Misc. Case No. 206 of 2009 now pending before the Learned Judicial Magistrate, Second Court, Alipore, 24-Parganas (South) be transferred to the Court of the Learned Chief Judicial Magistrate, Howrah. Case No. 206 of 2009 now pending before the Learned Judicial Magistrate, Second Court, Alipore, 24-Parganas (South) be transferred to the Court of the Learned Chief Judicial Magistrate, Howrah. The Learned Chief Judicial Magistrate, Howrah, shall be at liberty to himself take up the matter for disposal or to transfer the same to any other competent Court situated within the Howrah (Sadar), for its disposal in accordance with law. The transferee Court is directed to make all endeavours to dispose of the aforesaid maintenance proceeding as expeditiously as possible preferably within six months from the date of receipt of the records. The Court before whom now the aforesaid case is pending is also directed to transfer the records of the aforesaid case to the Court of the Learned Chief Judicial Magistrate, Howrah, within a week from the date of communication of this order. 4. THE Office is directed to communicate this order to the Court of the Learned Judicial Magistrate, Second Court, Alipore, 24-Parganas (South) as well as to the Court of the Learned Chief Judicial Magistrate, Howrah for taking necessary action in this regard. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.