A.B. Pal, J.

1. This is a petition under Sub-section (1)(c) of Section 407 CrPC for transfer or C. R. case No. 1829 of 1999 from the court of Chief Judicial Magistrate (CJM), West Tripura, to the court of Sub Divisional Judicial Magistrate (SDJM), Belonia, South Tripura filed by the 19 petitioners who are accused in the aforesaid case and are residents within the local jurisdiction of the latter court.

2. I have heard Mr. A. C. Bhowmik, learned Counsel for the petitioners and Mr. M. Kar Bhowmik, learned sr. counsel assisted by Mrs. M. Debnath, learned advocate.

3. The short facts leading the petitioners to file this transfer petition are that the sole respondent Smt. Sefalli Malla is the wife of the first petitioner Ratan Malla and whose marriage had taken place on 28.2.1998. The allegation as discernible from the complaint petition of the respondent which was registered as C.R. 1829/99 is that at the time of marriage the first petitioner demanded Rs. 30,000 apart from gold ornaments, steel furniture and TV set as dowry. Though her father gave gold ornaments and furniture, the cash dowry and TV set could not be given which led to the discord between the parties. During her stay in her husband's house she was tortured by her husband and other in-laws. She disclosed her plight to her mother and sister-in-law when she and her husband made a customary visit to her parents house on 26.3.1998. After three days she returned to her husband's house at Debdaru in the local jurisdiction of SDJM, Belonia in the last week of May 1998. She along with her husband again visited her parents' house at Agartala where her husband declared that she was mentally sick and, therefore, he was not ready to take her back to the marital home. She then disclosed in his presence that she was being tortured physically and mentally by him and other petitioners who are his relatives on around of insufficient dowry. The relation thus suffered several jolts and attempts were made by her parents for a settlement. Her mother brought her back to her husband again and in due course she became pregnant. Against her will her pregnancy was terminated and she was again subjected to brutal torture. Finally, she had to take shelter in her parents' house in Agartala where in the court of Chief Judicial Magistrate (CJM) she lodged the complaint which was registered under Section 498A IPC.

4. All the 19 petitioners herein who are the accused in the above noted criminal case have prayed for transfer or the criminal case from Agartala to Belonia which are in two different Sessions Divisions on the ground that as per provision of Sections 177 and 178 CrPC, the CJM, West Tripura has got no jurisdiction to try the offence. Their grievance is that only with a view to harass the petitioners the respondent has filed the criminal case at Agartala with the allegation which are per se without any basis. Admittedly, the alleged offence had taken place in the house of the first petitioner which fails within the local jurisdiction of the SDJM, Beionia under South Tripura Sessions Division, but the complaint has been lodged in the court of CJM, West Tripura, Agartala under the West Tripura Sessions Division. It is contended that the petitioners being 19 in number are required, to spend Rs. 2,000 on every date for attending the court which could be avoided if the case is tried by the SDJM, Belonia.

5. Section 407(1)(C) of CrPC provides, thus : -

whenever it is made to appear to the High Court that an order under this Section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order that any offence be inquired into or tried by any court not qualified under Sections 177 and 178, but in other respects competent to inquire into or try such offence.

Mr. A.C. Bhowmik, learned Counsel for the petitioners submits that Section 177 of the Code requires that every offence shall ordinarily be