Page No.# 1/3 GAHC010150882020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/17/2020 JYOTI PRASAD DEURI S/O. LT. MUNIRAJ DEURI, VILL. SUNAIGHULI (UDALBAKRA), P.O. SHOWKUCHI, P.S. DISPUR, DIST. KAMRUP (M), ASSAM. VERSUS PAPIYA BASUMATARY AND ANR W/O. SRI JYOTI PRASAD DEURI, D/O. SRI KARTIK BASUMATARY, R/O. GOSSAIGAON, P.O. AND P.S. GOSSAIGAON, DIST. KOKRAJHAR BTAD, ASSAM. 2:THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR. S MITRA, MR A SARMA Advocate for the Respondent : MR. M A MONDAL, MR. A ISLAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 11.08.2025 1. Heard Mr. S. Mitra, learned counsel appearing for the petitioner. Also heard Mr. M. A. Mondal, learned counsel for the respondent. 2. By this petition under Section 407 of Cr.P.C., the petitioner has prayed for transfer of a D.V. case bearing registration No. CR(DV) Case Page No.# 2/3 No. 57/2019 pending before the learned JMFC, Gossaigaon to any Judicial Magistrate in the District of Kamrup(M) or to any other court having competent jurisdiction. 3. Mr. S. Mitra, learned counsel appearing for the petitioner after some brief submission on the merit of the main case, has taken the court through paragraph 12 of the transfer petition. In the said paragraph the petitioner has contended that when he went to Court on 15.10.2020 for the purpose of this proceeding, he was approached by some unidentified youths and carrying some weapon, who identified themselves as friends and family members of the aggrieved woman/respondent and threatened him with dire consequences in connection with this matter and that, traumatized by the same, he fled away from the spot and went to Guwahati. 4. Supporting the said contention, learned counsel for the petitioner submits that the petitioner has genuine apprehension about his safety and seeks transfer accordingly vide this petition. He further submits that he is working as a bill clerk in the APDCL and was earlier posted at Gossaigaon and presently in Guwahati. Learned counsel also fairly submits that if the circumstances require, transfer of the proceeding can also be to another court such as Bongaigaion. 5. The respondent/aggrieved person is represented by Mr. M. A. Mondal, who submits that the respondent is financially very weak, having lost her parents 16 years back and it will not be possible on her part to come to Guwahati. 6. The transfer petition having been registered in the year 2020 itself, is Page No.# 3/3 required to be disposed of without further delay. Therefore, I propose to dispose of the same at this stage itself. 7. Both the learned counsels fairly and mutually of view that the case can be transferred to Chirang. 8. Upon perusing the materials and considering the submissions of the learned counsels, it is hereby directed in exercise of powers under Section 407 Cr.P.C., 1973 that CR(DV) Case No. 57/2019 shall stands transferred from the court of learned JMFC, Gossaigaon to the court of learned CJM, Chirang, who shall then adjudicate the same himself or he is at liberty to assign it to any other learned JMFC as per his administrative discretion. 9. It is also directed that on dates to be fixed by the learned court at Chirang, Kagalgaon, whenever the sole respondent/aggrieved woman has to come, the petitioner shall pay Rs.1000/- for her travel and other connected miscellaneous expenses. 10. The Case record of CR(DV) Case No. 57/2019 shall be transferred from the court of learned JMFC, Gossaigaon to the court of learned CJM, Chirang, Kagalgaon. 11. Send back the case record to the court of learned JMFC, Gossaigaon. 12. A copy of this order shall be transmitted to both the learned courts below. 13. Accordingly, the transfer petition stands disposed of with the aforesaid directions. JUDGE Comparing Assistant