Kaushik Chatterjee And Others v. State Of West Bengal And ANR

July 4, 2024 13 ARDR CRR 3847 of 2023 CRAN 1 of 2024 Kaushik Chatterjee & ors.

Vs.

The State of West Bengal & anr.

Adv. Amitabha Ghosh, Adv. Nabamita Chatterjee, Adv. Arpita Dhar ... for the petitioners.

Adv. Asif Ikbal, Adv. S. Deal, Adv. D. Bose, ...for the O.P.no.2 On prayer of the petitioners, liberty is granted to correct the number of complaint case in point no.VII at page 10 of the revisional application.

Affidavit of service filed on behalf of the petitioners is taken on record.

The petitioners seek transfer of complaint case being no.208 of 2022 pending before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly to any court at Howrah on the ground that the 4th petitioner who is the wife of the opposite party and the other petitioners who are relatives of the 4th petitioner are all residents of Bally, District Howrah and it is difficult for them to travel to Arambagh to contest the complaint case lodged before the Arambagh Court by the opposite party. It is submitted that maintenance case as well as the connected execution case filed by the 4th petitioner against the opposite party are pending before the 3rd Judicial Magistrate, Howrah. The opposite party filed has filed a

matrimonial suit against the petitioner which is pending before the learned Fast Track Court, Chandannagar, Hooghly. Upon consideration of the submission made on behalf of the parties and material on record, this Court is inclined to hold that taking into account the convenience of the petitioners and also since it does not appear that the opposite party shall be prejudiced if the case is transferred to any court in Howrah, the complaint case no.208 of 2022 pending before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly be transferred to the learned Chief Judicial Magistrate, Howrah for disposal.

With the aforesaid directions, CRR 3847 of 2023 is disposed of.

Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities.

(Suvra Ghosh, J.)