- (1.) This is an application for transfer of a case record from a Court of Bishnupur, Bankura. Perused the application filed by petitioner under Section 407 of the Code of Criminal Procedure, 1973 read with Section 482 of that Code for transfer of Miscellaneous Case No. 1 of 2014 pending in the 3rd Court of learned Judicial Magistrate, Bishnupur in the District of Bankura.
(2.) Contending inter alia, the petitioner has contended that he has filed that Misc. Case No. 1 of 2014 under Section 127 of the Code of Criminal Procedure, 1973 for alteration and/or cancellation of the order of maintenance passed against the present petitioner in that Court on 30.08.2012 in Misc. Case No. 21/69 of 2010 granting maintenance allowance in favour of opposite party No. 2 of this case and against the present petitioner under Section 125 of the Code of Criminal Procedure, 1973 believing that the present petitioner is husband of the opposite party No. 2. Subsequently, this petitioner filed Matrimonial Suit NO. 533 of 2010 in the Court of learned District Judge, Hooghly at Chinsurah for declaration that the marriage between petitioner and the opposite party No. 2 is a nullity and void. Said suit was transferred to the Court of 1st Additional District and Sessions Judge at Serampore and it was re-numbered as Matrimonial Suit No. 299 of 2013 in that Court. The opposite party No. 2 of this case caused delay by taking adjournments on various pretence. This petitioner challenged the order of learned Judicial Magistrate, 3rd Court, Bishnupur filing criminal revisional application before this High Court which was registered as CRR No. 3797 of 2012. Ultimately, that revisional application was disposed of on 28.01.2013 giving certain directions for concluding the proceedings of the matrimonial suit giving liberty to the present petitioner to file an application under Section 127 of the Code of Criminal Procedure before the learned Judicial Magistrate, 3rd Court, Bishnupur for variation of the order of maintenance if the petitioner gets success in the matrimonial suit with a further direction upon the learned Magistrate for disposal of the application under Section 127 of the Code of Criminal Procedure within a period of three months from the date of filing such application.
(3.) Ultimately, said matrimonial Suit No. 299 of 2013 has been decreed ex parte annulling the marriage between present petitioner and opposite party No. 2. Thereafter, this petitioner has filed Misc. Case No. 1 of 2014 in the 3rd Court of learned Judicial Magistrate, Bishnupur under Section 127 of the Code of Criminal Procedure to alter/cancel the order of maintenance passed by that Court on 30.08.2012 under Section 125 of the Code of Criminal Procedure. The petitioner has claimed that said Misc. Case No. 1 of 2014 could not be heard and disposed of as cease work observed by learned lawyers in Bishnupur Courts on several occasion and the opposite party No. 2 took adjournment on the ground that she has filed appeal before this Hon'ble High Court challenging the final order and decree passed in Matrimonial Suit No. 299 of 2013. In the said proceeding under Section 127 of the Code of Criminal Procedure, 1973, the present petitioner's evidence has been recorded in part but hearing of that case could not be concluded. In the said appeal against the decree of matrimonial suit a Division Bench of this Hon'ble Court has restrained the petitioner from contracting second marriage during pendency of the appeal. Petitioner has also alleged his serious heart ailments and coronary diseases for which he is not in a position to travel Bishnupur in the District of Bankura and he has also alleged his financial stringency. The petitioner has sought for transfer of the proceeding under Section 127 of the Code of Criminal Procedure from Bishnupur Court to Serampore Court or Courts in the District of Kolkata or to Barrackpur Court or Barasat Court or Alipore Criminal Court or Sealdah Court. He has also alleged his inconvenience in conducting his case at Bishnupur Court. He has prayed for invoking power of this High Court for transfer of the case under Section 407 of the Code of Criminal Procedure, 1973 read with Section 482 of that Code to any of the Courts as mentioned above.;