Point of Law: Right to a fair and impartial trial, which is guaranteed under Article 21 of Constitution of India cannot be exercised by any of party to suit if case is tried by any of courts which is subordinate to it.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. N.N. Upadhyaya, learned counsel appearing for the petitioners. Also heard Ms. S. Jahan, learned Addl. P.P. Assam, appearing for the State/respondent No. 1 and Mr. S. Dutta, learned counsel appearing for the respondent No. 2.

2. This application under Section 407 of the Cr.P.C. is preferred by three petitioners, namely, Syed Raju Ali, Syed Safir Ali and Syeda Asma Begum, for transferring of M.C. Case No. 195/2021, filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (here-in-after referred to as ‘the D.V. Act’) from the Court of learned CJM, Darrang at Mangaldoi to the Court of learned CJM, Kamrup at Amingaon or to the Court of learned SDJM, Rangia.

3. The factual background leading to filing of the present petition is adumbrated herein-below:

“The respondent No. 2, as a complainant has filed an application under Section 12 of the D.V. Act, before the Court of learned CJM, Darrang at Mangaldoi, alleging inter-alia, amongst others, that she got married with the petitioner No. 1 Syed Raju Ali as per the Mohammadan Law and as she is the cousin sister of the petitioner No. 1, the family members of the petitioner No. 1 had not consented to their marriage and therefore, after the marriage, they stayed for a period of six months at her father’s house. Thereafter, the petitioner No. 1 started living with her in a rented house at Kendukona, under Baihata Chariali Police Station. While they were staying at Kendukona, one child, namely, Sayed Irfan Ali born to them and now he is 11 years old. Thereafter, the family members of the petitioner No. 1 brought her to their house at Barigog village and stayed there for three years. There were blessed with another child namely, Sayed Shahid Alam, who is now four years old. During the period of her staying in the house of the petitioner No. 1, he along with his family members, tortured her both physically and mentally, demanding dowry and cash amount. She was driven out from the matrimonial home. She then started to stay in the house of her parents. Thereafter, the petitioner No. 1 taken her back to the matrimonial home again, where she stayed for one and half years and during this period also the petitioner No. 1 always used to subject her to both physical and mental torture, alleging extra marital affairs with other persons. She then left the house of the petitioners and started to stay in her parental abode and there also, the petitioner No. 1 used to subject her to torture, alleging extra marital affairs with her brother-in-law and some other relatives. After retirement of her father, the petitioner No. 1 demanded a sum of Rs. 1 lac and her father paid the said amount and the petitioner No. 1 had took away all her gold ornaments given by her parents and the family members of the petitioner No. 1 used to threaten her that they will arrange another wife for the petitioner No. 1. Thereafter, to maintain herself and her minor children, she started doing the work of maidservant at Sipajhar, and she started residing at there in a rented house. Thereafter, she filed a complaint under the D.V. Act, in the Court of learned Chief Judicial Magistrate (CJM), Darrang at Mangaldai, seeking an order prohibiting the petitioners from committing any act of domestic violence, aiding and abetting the act of domestic violence and protection and safety and seeking maintenance @ Rs. 20,000/- per month and compensation amounting to Rs. 15 lacs. While the case was pending before the Court of learned CJM, Darrang at Mangaldoi, the petitioners have preferred the present application for transferring the M.C. Case No. 195/2021, to the Court of learned CJM, Kamrup at Amingaon or to the Court of learned SDJM, Rangia, on the ground of territorial jurisdiction, as the offences, if any, had taken place within the jurisdiction of learned CJM, Kamrup at Amingaon.”

4. Mr. N.N. Upadhyaya, learned counsel for the petitioners submits that the respondent No. 2 hails from Ja