Sumita Chowdhury v. State Of West Bengal And ANR

14.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.49 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4456 of 2022 In the matter of : Sumita Chowdhury ... Petitioner.

Mr. Satyam Mukherjee, Mr. Soumyadeep Mukherjee ... For the Petitioner.

Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Mr. Uday Sankar Chattopadhyay, Ms. Rajashree Tah, Ms. Trisha Rakshit, Ms. A. Karmakar ... For the Opposite Party No.2.

Affidavit-of-service filed in Court today be kept on record.

Learned advocate for the opposite party No.2 is present. Learned advocate appearing for the Petitioner has restricted his submission for transferring the case from the learned Judicial Magistrate, 1st Court, Barasat, North 24Parganas to any Judicial Magistrate within the jurisdiction of learned Additional Chief Judicial Magistrate, Barrackpore. The foundation of such prayer is on the basis of an order passed in C.O. 1731 of 2021 relating to Matrimonial Suit No. 2624 of 2019 wherein a coordinate Bench of this Court, while exercising its power under Section 24 of the Code of Civil Procedure, by an order dated 22.12.2021, was pleased to transfer the said matrimonial suit from the court of the learned Additional District Judge, Fast Track 1st Court at Barasat, North 24-Parganas to the court of the learned Additional District Judge, 2nd Court, Barrackpore, North 24Parganas.

Having regard to such transfer of jurisdiction from the Sub-Division of Barasat to Barrackpore, the learned advocate for the petitioner prays that it would be convenient for the parties, if both the cases are before the same court. The petitioner is granted liberty to take out appropriate application before the learned District and Sessions Judge, Barasat. The learned District and Sessions Judge, Barasat would consider the convenience of the parties and the prayer so made in the background of the order passed in C.O. 1731 of 2021.

With the aforesaid observations, the revisional application being CRR 4456 of 2022 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)