JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for transfer of G.R. Case No. 1084 of 2018 arising out of Jaigoan Police Station Case No. 129 of 2018 under Section 498A of Indian Penal Code r/w Section 4 of Dowry Prohibition Act from the file of the Learned Additional Chief Judicial Magistrate, Alipurduar, to any other competent Magisterial Court within the jurisdiction of the Learned Chief Judicial Magistrate, Malda.

2. The petitioner’s case is that the petitioner is the wife of the opposite party No. 2 herein and daughter in law of the opposite party Nos. 3 and 4 and sister in law of the opposite party nos. 5, 6 and 7.

3. That it is an admitted fact that the opposite parties are residents of Uttar Dewketa Toll, P.O. & P.S. Jaigoan, District-Alipurduar, PIN – 735182.

4. On the basis of a written complaint filed by the petitioner, Jaigoan Police Station Case No. 129 of 2018 under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act was started against the opposite parties.

5. That initially a complaint was lodged at the English Bazar Women’s Police Station on 22.06.2018 being English Bazar Women’s Police Station Case No. 00 of 2018 and after receiving the same the L.A.S.I. made a prayer for transfer of the case to Jaigoan Police Station, which is the local police station of the opposite party nos. 2, 3, 4, 5, 6 and 7, and the prayer was allowed by the Ld. Court. Thus, the instant matter was transferred to Jaigoan Police Station and registered there as FIR No. 129 of 2018 under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act in which Charge-sheet being No. 224/18 under Section 498A of the Indian Penal Code read with Section 4 of Dowry Prohibition Act was filed and the case is now pending before the Learned Additional Chief Judicial Magistrate, Alipurduar.

6. Mr. Devajyoti Barman, learned counsel for the petitioner has submitted that the petitioner is a permanent resident of the address as mentioned in the cause title before her marriage and since her birth, and it will be tough for her being a woman and helpless lady having no parents as her guardian, being under the care and guidance of her elder brother, to travel from her residence at Malda to Jaigaon at Alipurduar.

7. That she being an unemployed helpless person having no financial security/capacity to maintain herself has also filed a petition under Section 125 Cr.P.C. pending before the Learned 1st Judicial Magistrate, Malda.

8. Thus the prayer for transfer of G.R. Case No. 1084 of 2018 arising out of Jaigoan Police Station Case No. 129 of 2018 under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act from the file of the Learned Additional Chief Judicial Magistrate, Alipurduar, to any other competent Magisterial Court within the jurisdiction of the Learned Chief Judicial Magistrate, Malda.

9. In spite of due notice there is no representation on behalf of the opposite parties no. 2 to 7.

10. In the present case the First Information Report was registered on 22.06.2018 at Malda, English Bazar women Police Station.

11. Then on the prayer of a LASI (I.O.) of the Police Station, the case was transferred to Jaigaon Police Station, District-Alipurduar and the FIR at Alipurduar was registered on 27.06.2018.

12. Charge Sheet has been submitted on 30.08.2018 being Jaigaon Police Station C.S. No. 224/2018.

13. Mr. Barman has placed an order of a coordinate bench where the Court allowing a petition under Section 24 of code of civil procedure, transferred a proceedings under Section 9 of the Hindu Marriage Act as per convenience of the wife.

14. The Judgment in Rupali Devi vs State of Uttar Pradesh, 2019 0 AIR (SC) 1790, has been relied upon by the petitioner, wherein the court held as follows:-

“6. A look at the provisions of Chapter XIII of the Code of Criminal Procedure, 1973 (Cr.P.C) dealing with the jurisdiction of the Criminal Court in inquires and trials will now be require