transfer application under Section 410 of CR.P.C.

 

 

 

 

District : South 24-Parganas.

In the Court of the Learned Chief Judicial Magistrate, at Alipore, South 24-Parganas.

 

                                                          M.P. Case no. ____________of 2013.

 

                                                          In the matter of :

 

An application under Section 410 of the Code of Criminal Procedure’ 1973;

 

AND

 

In the matter of :

 

Misc. Case no. 824 of 2003, ( under Section 125 of Cr.P.C.), pending before the Learned 1^st Court of Judicial Magistrate at Alipore, South 24-Parganas, next date is on 18-03-2013, for Evidence.

 

AND

 

Misc. Case no. 02 of 2011, ( under Section 127 of Cr.P.C.), pending before the Learned 1^st Court of Judicial Magistrate at Alipore, South 24-Parganas, next date is on 18-03-2013, for further hearing.

 

AND

 

Misc. Case no. 06 of 2011, ( under Section 127 of Cr.P.C.), pending before the Learned 1^st Court of Judicial Magistrate at Alipore, South 24-Parganas, next date is on 18-03-2013, for further hearing.

 

 

AND

 

 

In the matter of :

 

Sri Soumen Talukdar, Son of Late Sailendra Nath Talukdar, residing at premises being no. A-70A, Narkeldanga Main Road, Flat no. 4C, Police Station – Phoolbagan, Kolkata – 700 054.

                             ______ Petitioner.

 

-          Versus –

 

Smt. Sova Talukdar, Daughter of Manmatha Halder, residing at Village – Subhas Gram, Patua Daspara, Post Office – Subhas Gram, Police Station – Baruipur, District – South 24 Parganas.

                             ____ Respondent.

 

The humble Petition of the above named petitioner Sri Soumen Talukdar, most respectfully;

 

Sheweth as under :      

 

1. That the petitioner is a peace loving and law abiding citizen, and residing at the address as given in the cause title of this application, which fall under the jurisdiction of this Learned Court.

 

2. That in the year 2003, an application under Section 125 of Cr.P.C. has been filed by the Respondent before the Learned Court, which has been registered as Misc. Case no. 824 of 2003, and transferred to the Learned 1^st Judicial Magistrate, at Alipore, South 24 Parganas, for adjudication.

 

3. That in the said Misc. Case no. 824 of 2003, the Learned 1^st Judicial Magistrate at Alipore, South 24 Parganas, was pleased to pass necessary order as to interim maintenance by Order dated 21-06-2005, and subsequently the said order of interim maintenance modified, on an application made by the petitioner vide Order dated 30-01-2009, and whereas the Learned Magistrate finally consider the interim maintenance as of Rs. 400/- ( Rupees Four Hundred ) only per month in favour of the respondent herein.

 

4. That thereafter the said Misc. Case being no. 824 of 2003, is still awaiting for Evidence by the respondent herein, before the Learned 1^st Judicial Magistrate, at Alipore, South 24 Parganas.

 

5. That in the year 2011, the respondent herein filed an application under Section 127 of Cr.P.C. for enhancement of her interim maintenance, as granted under Order 30-01-2009, of Misc. Case no. 824 of 2003, vide Misc. Case no. 02 of 2011, before the Learned 1^st Judicial Magistrate, at Alipore, South 24 Parganas.

 

 

6. That in the year 2011, subsequently, the petitioner herein filled an application under Section 127 of Cr.P.C. for cancellation of interim maintenance as granted under Order 30-01-2009, of Misc. Case no. 824 of 2003, vide Misc. Case no. 06 of 2011, before the Learned 1^st Judicial Magistrate, at Alipore, South 24 Parganas.

 

7. That on 30-09-2011, both the application under Section 127 of Cr.P.C. was taken up for hearing by the Learned Magistrate, in the presence of both the parties, and whereas the objection and other necessary application has been filed prior to the hearing of such application by the parties in the said proceedings, and on the date of hearing written notes of argument has been filed by the petitioner herein along with the FIRISHTI of Judicial references relied upon by him, and whereas the hearing was conducted and heard at full length by the Learned Magistrate, and consequently the case record kept by the Learned Magistrate as reserved for order, though no next date has ever been given and or provided by the Learned Magistrate.

 

8. That thereafter, the petitioner and his Learned Advocate enquired about the Order and next date in the said applications under Section 127 of Cr.P.C. though nothing found from the cause lists of the Learned Magistrate, and whereas it was orally submitted by the Bench Clerk that the case record is lying with the Learned Magistrate, for order.

 

9. That the Petitioner state and submits that the Petitioner enquired about the Order and next date in both the proceedings under Section 127 of Cr.P.C. before the Learned Magistrate, day by day, though nothing found except an oral communication that the case record is lying with the Learned Magistrate.

 

 

10. That on 17-09-2012, the Misc. Case no. 824 of 2003, was fixed for the Evidence by the respondent herein, though no evidence has ever been deposed by the respondent herein in the said Misc. Case.

 

11. That on 17-09-2012, your Petitioner placed put up petition in Misc. Case no. 2 of 2011 and Misc. Case no. 6 of 2011, before the Learned Magistrate, as to draw his Honourship’s kind attention for passing necessary order in the said Misc. Case. Which was also kept in record though no next date and any order has ever been communicated by the Learned Magistrate.

 

12. That thereafter, the petitioner and his Learned Advocate enquired about the Order and next date in the said applications under Section 127 of Cr.P.C. though nothing found from the cause lists of the Learned Magistrate, and whereas it was orally submitted by the Bench Clerk that the case record is lying with the Learned Magistrate, for order.

 

13. That the Petitioner state and submits that the Petitioner enquired about the Order and next date in the proceedings under Section 125 and 127 of Cr.P.C. before the Learned Magistrate, day by day, though nothing found except an oral communication that the case record is lying with the Learned Magistrate.

 

14.  That the Petitioner state and submits that the petitioner was in dark and not in any knowledge about the date and order in those proceedings, before the Learned Magistrate, and whereas the Learned Magistrate did not endavour to suffice the object of speedy disposal of those proceedings.

 

 

15. That on 19-02-2013, your petitioner placed put up petition in those three cases, before the Learned Magistrate, and seek justice, and whereas the Learned Magistrate keep those petitions with him and did not pronounce any thing, though asked the Learned Advocate of your Petitioner to meet with him in his chamber and whereas the Learned Advocate of your petitioner at his convenient meet the Learned Magistrate at his chamber and whereas the Learned Magistrate asked the Learned Advocate of the respondent herein at his chamber at that moment and in presence of both the Learned Advocate, the Learned Magistrate fixed up the date as 18-03-2013, in those three case matter for further hearing.

 

16. That the petitioner state and submits that since 30-09-2011, your petitioner is not getting any next date for hearing and or for order in those cases, before the Learned Magistrate, in the Cause Lists and or on enquiry by the Learned Advocate of your petitioner.

 

17. That the petitioner state and submits that One and Half year passes, only for awaiting order in the said case matter, and whereas after put up petition on second occasions, the Learned Magistrate fixed up date as on 18-03-2013, again for hearing in spite of passing necessary order in the case matter.

 

18. That the petitioner state and submits that in view of such facts and circumstances it is established that the justice has been delayed by the Learned Magistrate and thus justice denied by the Learned Magistrate and whereas your petitioner is a victim of such factual circumstances solely caused by the Learned Magistrate, in those proceedings.

 

19. That the petitioner state and submits that the respondent did not place any put up petition in those proceedings and more particularly the respondent did not depose her Evidence in the proceeding and whereas as far as 25 ( twenty five ) dates has been passed away for Evidence by respondent herein.

 

 

20. That the Petitioner state and submits that your petitioner is strongly apprehending in view of  facts and circumstances as stated herein above and more particularly as it will be reflected from the case record, to get any proper and or fair justice from the Learned Magistrate.

 

21. That the petitioner state and submits that your petitioner is a victim of facts and circumstances as caused by the irregularities caused by the Learned Magistrate.

 

22. That the petitioner state and submits that due to such purported manner in proceeding the said case matter by the Learned 1^st  Court of the Judicial Magistrate, at Alipore, South 24-Parganas, the petitioner suffered in the following manner :

 

a)    the petitioner was in dark and not in a position to know the next date in the said case matter, suffered with mental harassment for Seventeen months;

 

b)   the petitioner is strongly apprehending to get any justice from the Learned Magistrate;

 

c)    the petitioner due to mental harassment become patient of high blood pressure and sugar.

 

23. That the petitioner state and submits that the petitioner strongly apprehend that the Learned 1^st Court of the Judicial Magistrate, at Alipore, South 24-Parganas, is not proper and correct in adopting judicial aspects, and as such in the event the said case matter be continued before the Learned Magistrate, the petitioner will be highly prejudice to get any justice, and suffer with irreparable loss and injury.

 

24. That the petitioner state and submits that for the end of justice Misc. Case no. 824 of 2003, Misc Case no. 2 of 2011 and Misc. Case no. 6 of 2011, are required to be withdrawn from the 1^st court of the Learned Magistrate, at Alipore, South 24-Parganas, and to transfer the said case matter to any other Court of the Learned Magistrate at Alipore, South 24-Parganas.

 

25. That  the petitioner state and submits that there is no impediment in withdrawing the case from the Learned 1^st Court of the Judicial Magistrate, at Alipore, South 24-Pargasnas.

 

26. That the petitioner crave leave to place the Information of Misc. Case no. 824 of 2003, Misc. Case no. 2 of 2011, and Misc. Case no. 6 of 2011, passed by the Learned 1^st Court of the Judicial Magistrate, at Alipore, South 24-Parganas, and others, at the time of hearing of this application before the Learned Court.

 

27. That this application is made bonafide in the interest of administration of justice.

                                               

 

Under such circumstances, it is prayed that your Honour would be graciously pleased to admit this petition, call for the case record of Misc. Case no. 824 of 2003, Misc. Case no. 2 of 2011, and Misc. Case no. 6 of 2011, from the Learned 1^st  Court of the Judicial Magistrate, at Alipore, South 24-Parganas, and issue notice to the Respondent and after hearing the parties, withdraw the Case being no. Misc. Case no. 824 of 2003, Misc. Case no. 2 of 2011, and Misc. Case no. 6 of 2011, from the Learned 1^st  Court of the Judicial Magistrate, at Alipore, South 24-Parganas, and transfer to said cases to any other Learned Court of the Judicial Magistrate, at Alipore, South 24-Parganas, and / or to pass such other necessary order or orders as your Honour may deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Verification

 

I, Sri Soumen Talukdar, being the petitioner, made this application, and I am well conversant with the material facts as stated in the foregoing paragraphs of my petition.

I verify this application as on 16^th day of March’ 2013, at Alipore Police Court.

 

 

 

Soumen Talukdar.

 

Identified by me,

 

 

Advocate.

 

 

Prepared in my Office,

 

 

Advocate.

 

Dated : 16^th day of March’ 2013.

Place : Alipore Police Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VAKALATNAMA

 

District : South 24 Parganas

In the Court of Learned Chief Judicial Magistrate, at Alipore, South 24 Parganas.

 

                                                            M.P. Case no. _______________of 2013 .

 

            Sri Soumen Talukdar                                                              ………..Petitioner.

 

Versus

 

            Smt. Sova Talukdar                                                                ….…Respondent.

 

 

KNOW ALL MEN by these presents that I / We Sri Soumen Talukdar, Son of Late Sailendra Nath Talukdar, residing at premises being no. A-70A, Narkeldanga Main Road, Flat no. 4C, Police Station – Phoolbagan, Kolkata – 700 054.

 

   do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY  to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

 

This the …………………day of ………………2013

 

Sri Rabindra Nath Das, Advocate.

Sri Pradip Pal, Advocate.

Sri Saheb Halder, Advocate.

Sri Ashok Kumar Singh, Advocate.

Sri Saqndip Roy Choudhury, advocate.

Sri Manoj Halder, Advocate.