JUDGMENT :

UDAY KUMAR, J.

1. The petitioner filed an application under Section 407 (1) of the Code of Criminal Procedure, 1973, (hereinafter referred to as ‘Cr.P.C.’) for withdrawal or transfer of Miscellaneous Case No.515 of 2016 from Ld. Judicial Magistrate 2nd Court, Barrackpore (hereinafter referred to as ‘Ld. Trial Court’) to any court of Ld. Magistrate at Bidhannagar complex or to dispose it of and to stay its further proceedings and to set aside the order dated 14.10.2022 passed in CMC No.11 of 2022 by Ld. Chief Judicial Magistrate North 24 Paraganas at Barasat. (Hereinafter referred to as ‘Ld. C.J.M.’).

2. Brief facts of the case necessary to be noted for deciding this criminal revision are that the petitioner Subham Roy Choudhury and Opposite Party No. 2 Sreejoyee Chakraborty (hereinafter referred to as ‘O.P.2’) are husband and wife. Their marriage was solemnized on 22ndFebruary, 2016, as per Hindu Rites and Rituals and Sreejoyee stayed together at her matrimonial home i.e., at 50/1/4B, Raja Rammohan Ray Road, P.S-Haridevpur. Dist-South 24 Parganas, for five days, when she returned to her father’s house for some medical tests. Thereafter, the petitioner came to know that his