Page No.# 1/3 GAHC010071792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/12/2025 KAMAKHKYA NATH AND 2 ORS. S/O- LATE JUDHISTHIR NATH , R/O- BORDUBATUP, PO AND PS- BHURAGAON, DIST- MORIGAON, ASSAM, PIN- 782121 2: SMTI. SUBHADRA DEVI W/O KAMAKHYA NATH R/O- BORDUBATUP PO AND PS- BHURAGAON DIST- MORIGAON ASSAM PIN- 782121 3: CHIDANANDA NATH S/O KAMAKHYA NATH R/O- BORDUBATUP PO AND PS- BHURAGAON DIST- MORIGAON ASSAM PIN- 78212 VERSUS PRIYA DEBNATH W/O BHABANANDA DEBNATH, D/O- DIPAK DEBNATH, R/O- VILL- BANDORCHARA, PO- DOLOGAON, PS AND DIST- KOKRAJHAR, ASSAM, PIN- 783372 Advocate for the Petitioner : MR. R SARMA, MR P DAS Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.04.2025 1. Heard Mr. R. Sharma, learned counsel for the petitioners. 2. This is an application filed under Section 447 Bharatiya Nagarik Suraksha Sanhita, 2023, praying for transferring the Complaint Case No.10/2025 pending in the Court of learned Sub-Divisional Judicial Magistrate (S) Kokrajhar to the Court of learned Chief Judicial Magistrate, Morigaon. 3. The sole respondent filed the Complaint Case under Section 85 of the BNS, her husband reportedly died yesterday. In her complaint case, her father-in-law aged about 74 years mother-in-law aged about 58 years are also arrayed. 4. It is submitted that these two old aged persons are unable to travel to Kokrajhar to face the trial. 5. Therefore, they have prayed for transferring the case from Kokrajhar to Morigaon. 6. I have considered the submissions made by learned counsel for the petitioners. 7. Transferring of the case from one place to another is done in the interest of having a fair trial. The sole respondent is a woman and it will be difficult for her to go to Morigaon to prosecute the case, though the cause of action for the case arose at Morigaon. Page No.# 3/3 8. The petitioners shall raise this issue of cause of action before the Trial Court at Kokrajhar. 9. This Court hereby directs that until further order of this Court, the petitioners Kamakhya Nath, Smti. Subhadra Devi shall not appear before the Trial Court at Kokrajhar in respect of the Complaint Case No.10/2025. 10. After the Trial Court decides the issue of jurisdiction then only the petitioners shall have the liberty to approach this Court again by filing a similar petition. 11. With the aforesaid direction, the present transfer petition stands close and disposed of. JUDGE Comparing Assistant