ANJALI DAS Vs. SWAPAN KUMAR DAS

JUDGEMENT

(1.) This proceeding under section 407 of the Code of Criminal Procedure, 1973 is instituted seeking transfer of Case No. 347c/2011 under section 12 read with section 18/19/20/22 and 23 for protection of Women From Domestic Violence Act, 2005 (in short the Act, 2005) from the court of learned Sub Divisional Judicial Magistrate (Sadar), Dibrugarh to any other court at Jorhat having jurisdiction to enquire and try the same. I have heard Mr. D. Chakraborty, learned counsel appearing for the petitioner as well as Mr. S. Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel appearing for the respondents.

(2.) The brief facts necessary for disposal of the proceeding are that the petitioner herein was married to respondent No. 1 Shri Swapan Kumar Das long back and they were blessed with two daughters. The elder one was married off to a suitable boy whereas her younger one has still been pursuing her higher studies.

(3.) According to the learned counsel for the petitioner herein, everything was fine till January, 2011. However, in January, 2011 the petitioner received a call on her mobile phone from Dualijan Police Station asking her to come to such police station immediately. Being so informed, she immediately went to Duliajan Police Station and came to know that her husband (respondent No. 1) was found with respondent No. 2 in this proceeding in compromising position for which they were taken to the police station.