Farheen Parveen v. Biplab Mondal And Others

02.07.2026 ct.no.15 Item No.06 rc CRR No. 4980 of 2025 Farheen Parveen

Versus

Biplab Mondal & Ors.

Mr. Ivan Roy Mr. Kaustabh Banerjee ...for the Petitioner Mr. Gopal Chakraborty Mr. Joy Chakraborty ....for the Opposite Party Affidavit of service filed by the petitioner is taken on record. The 2nd, 3rd and 4th opposite parties are not represented despite service.

The petitioner seeks transfer of G.R.Case No. 1951 of 2018 pending before the learned Judicial Magistrate, Additional Court, Hooghly to any other Court on two fold grounds. First, she is a resident of Narkeldanga under Narkeldanga Police Station and the distance between Hooghly Court and her residence is 55 kilometers. She has a baby and it is difficult for her to commute to the Court from her residence on the dates fixed for hearing. Second, she is being threatened by the opposite parties whenever she is visiting the Court.

Opposing such contention, learned counsel for the 1st opposite party submits that the allegation made by the petitioner is false and baseless and there is no ground for transfer of the case from Hooghly since the learned Judicial Magistrate, Hooghly is competent to deal with the case.

I have considered the rival contention of the parties. This Court is informed that evidence of the 8th witness is in progress. Therefore it can be inferred that the evidence of the petitioner is complete. This Court fails to understand why in a G.R.Case the petitioner has to appear before the learned trial Court on the dates of hearing. In view of the fact that 8 witnesses have already been examined and no reason has been assigned by the petitioner as to what prompts her to appear before the learned trial Court on every date of hearing, this Court is inclined to hold that the application seeking transfer of the case is not supported by cogent reason and is liable to be dismissed. In the event appearance of the petitioner before the trial Court is required, he can appear virtually.

Accordingly, the application being CRR No. 4980 of 2025 is dismissed.

There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)