The central legal point established in the judgment is that the accused cannot dictate where the case against him should be tried, and the necessity to ensure fair trial and consider the convenience of the parties.

JUDGMENT :

Heard Mr. C.K. Baruah, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P., Assam, appearing for the State/respondent No.1, and Mr. A. Roshid, learned counsel appearing for the respondent No.2.

2. This application, under Section 407 of the Cr.P.C. is preferred by Sanowar Hussain Mondal, for transferring of PRC Case No.431/2020, under Section 498(A) IPC, pending in the court of learned Judicial Magistrate 1st Class, North Salmora, Abhayapuri, District -Bongaigaon to the Court of learned CJM, Kamrup (M) Guwahati.

3. The factual background leading to filing of the present petition is briefly stated as under:

“The respondent No.2 -Smti. Jelima Khatun has lodged an FIR with the Borghola Police Out Post on 12.09.2019, alleging inter-alia amongst others that she got married with Sanowar Hussain as per Muslim law and thereafter lived together as husband and wife in his house, and thereafter Sanowar Hussain subjected her to both physical and mental torture. Thereafter, on 23.07.2019, as per instruction of his family members, namely Ajmot Ali, Anowara Khatun and Noor Alom, he again married another woman, namely, Moyna Khatoon from Satgaon, Guwahati and thereafter, Sanowar Hussain had demanded money from her and assaulted her and driven her out of the matrimonial home. And since then she has been taking shelter in her parental abode and she has also been carrying pregnancy of three months. Thereafter, on 05.09.2019, at about 7 pm, Ajmot Ali and Anowara Khatun had tried to administer Kabiraji medicine to her, with a view to kill her and to cause miscarriage of her pregnancy. When she raised alarm they fled away, and thereafter, on 07.09.2019, Sanowar Hussain and Noor Alam attempted to kidnap her four years old child, but they could not succeed.

Upon the said FIR the Officer-In-Charge has registered a case, being Abhayapuri P.S. Case No. 603/2019, and endorsed ASI Rakhal Sutradhar to investigate the same. The investigation culminated in submission of charge sheet against Sanowar Hussain to stand trial in the court under section 498(A)/494/506/34 IPC. Upon the said charge sheet the leaned Judicial Magistrate 1st Class, North Salmora, Abhayapuri, had taken cognizance and issued process to him and one of his friends had received the same on his behalf and informed him about the same. He then went there and had appeared before the learned court below. And that the family members of respondent No.2, threatened to cause harm to him and to kill him on his way to Abhayapuri Station from the court premises, and while returning, he apprehended that some unknown persons follows him, which frightened him and that his life is in danger. Therefore, he approached this court for transferring the PRC case No. 431/2020, arising out of Abhayapuri P.S. Case No. 603/2019, from the Court of Judicial Magistrate 1st Class, North Salmora, Abhayapuri, to the court of learned Chief Judicial Magistrate, Kamrup (M), Guwahati or to any of court of the neighboring district.”

4. Mr. C.K. Baruah, learned counsel for the petitioner submits that the petitioner has approached the court to transfer the PRC case No. 431/2020, arising out of Abhayapuri P.S. Case No. 603/2019, from the Court of Judicial Magistrate 1st Class, Abhayapuri to the Court of learned Chief Judicial Magistrate, Kamrup (M), Guwahati, or to any other competent court of neighbouring district, on the following two grounds:-

(i) That, though the petitioner hails from Village-Ambari, under Abhayapuri P.S., yet, he resides at Guwahati because of his avocation and on such counts it is difficult for him to appear before the learned court at Abhayapuri;

(ii) That, there is apprehension of life of the petitioner, if he used to attend the court at Abhayapuri from Guwahati as the family members of respondent No.2 threatened to cause harm to him and to kill him on his way to Abhayapuri Station from the court premises.

5. Whereas, Mr. A. Rashid, learned counsel for the res