PIJUSH BANERJEE Vs. PAROMITA BANERJEE

JUDGEMENT

(1.) This is an application under S. 407 of the Cr. P.C. praying for transfer of the maintenance case being M.R. Case No. 790-M/97 from the Court of the learned S.D.J.M., Malda to any other Court in West Bengal.

(2.) The petition has been filed by, Pijush Banerjee, who is the opposite party in the aforementioned maintenance case which is pending in the Court of the learned S.D.J.M., Malda at this moment. Ground on which the petition is filed is that the petitioner husband went to Malda district to attend the said Court in connection with the hearing of the said matter on 11/11/1997 when some unknown persons threatened him with dire consequences asking him to quit Malda immediately, otherwise he would have to face the consequences. It is further alleged that those people also assaulted the petitioner and on being so intimidated, the petitioner left Malda at once after informing the incident to his lawyer there. The petition has been contested and opposed by the opposite party wife.

(3.) Under S. 407 of the Cr. P.C. the transfer of a case from one Court to another can be directed or effected when it appears to the High Court that a fair and impartial enquiry or trial cannot be had in any criminal Court subordinate to it or that some question of law of unusual degree is likely to order or that an order under this Section is required by any provision of this Code or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice. Therefore, it goes without saying that in order to deal with such a petition this Court is to remain confined within this compass and cannot go beyond this and it cannot take any other ground outside what has been provided in these clauses to be sufficient for the purpose of passing an order allowing such a petition under this section.