20.07.2026 ct.no.15 Item No.10 rc CRR No. 2729 of 2026 Subham Roy Chowdhury Versus The State of West Bengal & Anr. Mr. Ajoy Roy Choudhury Mr. Shradhya Ghosh …for the petitioner Mr. Sabyasachi Mukherjee Mr. Ranabir Halder …for the O.P. The petitioner who is the husband of the private opposite party seeks transfer of Miscellaneous Case no. 515 of 2016 pending before the learned Judicial Magistrate, 2nd Court, Barrackpore to the Court of the learned Additional Chief Judicial Magistrate, Alipore on several grounds. Learned counsel for the petitioner submits that this Court, by a judgment delivered on April 12, 2021 in CRR No. 2303 of 2019 dealt with the allegation of the petitioner that the Opposite Party made false and fabricated statements and allegations of criminal nature by way of an affidavit against the petitioner and his old parents for which the petitioner was compelled to file an application under Section 340 of the Code of Criminal Procedure for prosecuting the Opposite Party under Section 193 of the Indian Penal Code. This Court directed the learned trial Court to pass an order on the allegation filed by the petitioner upon due enquiry along with the trial of the case. Learned counsel submits that despite such order, the application under Section 340 of the Code has been kept in abeyance by the learned trial Court. No preliminary enquiry has also been made by the learned Court. Also, the petitioner is not comfortable with the behaviour and attitude of the learned Magistrate in Court. In the event the case is shifted to Alipore Court both the parties shall be benefited. Opposing such contention, learned counsel for the private opposite party submits that Barrackpore Court and Bidhannagar Court are nearer to the residence of the private opposite party than Alipore Court. The allegations made by the petitioner are false and concocted. It is a fact that despite an order of this Court, an application filed by the petitioner under Section 340 of the Code of Criminal Procedure has been kept in abeyance by the learned trial Court. Such conduct of the learned Trial Court cannot be a ground for transfer of the case. The petitioner is at liberty to take necessary steps in this regard. Behaviourial aspect of the learned Magistrate has been dealt with by this Court as well as the learned Sessions Judge earlier. An identical application under Section 401 of the Code was filed by the petitioner before this Court seeking transfer of the case from Barrackpore Court to Bidhannagar Court. By a judgment delivered on May 17, 2026 in CRR No. 394 of 2022, this Court held that the application could not be entertained under Section 407 of the Code since the petitioner sought transfer of the case from one Court to another within the same district. The application was dismissed on merit. 2 At this stage learned counsel for the petitioner seeks liberty to file an application under Section 408 of the Code of Criminal Procedure before the learned Sessions Judge, North 24 Parganas at Barasat seeking transfer of the case from Barrackpore Court to the Court of the learned Additional Chief Judicial Magistrate, Bidhannagar. Such liberty is granted. Since nothing further remains to be dealt with in the present application, the same is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3