21.07.2026 Item No.60 Court No.9 CHC Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side CRR/255/2026 In the matter of : Smt. Aparna Sen ...… petitioner Mr. Satarudriya Mukherjee, Advocate Ms. Tannu Agarwal, Advocate …for the petitioner 1. Affidavit-of-service filed in Court be taken on record. 2. None appears for the opposite party/husband. 3. The instant revisional application has been filed by the petitioner/wife seeking transfer of Misc. Execution Case No.60 of 2026, presently pending before the Learned Judicial Magistrate, 2nd Court, Coochbehar. The petitioner has prayed for transfer of the proceeding to the Court of Learned Additional Chief Judicial Magistrate, Siliguri. 4. Initially, the petitioner filed a proceeding under Section 125 of the Code of Criminal Procedure currently being 144 BNSS against her husband being Misc. Execution Case No.60 of 2026. 5. Learned Chief Judicial Magistrate, Coochbehar after taking cognizance of the case, transferred the same to the Court of learned 2nd Judicial Magistrate at Coochbehar 2 for disposal. At the time of filing of the proceeding, the petitioner was residing with her husband at Coochbehar. Subsequently, owing to her ailments and torture meted out upon the petitioner by her husband and other in- laws, the petitioner had to take residence at the matrimonial house of her daughter at Siliguri. Petitioner also contends that it will be burdensome on her part to pursue the case at Coochbehar whereas she has taken residence at Siliguri. She has prayed for transfer of the case from the Court of Learned Judicial Magistrate, 2nd Court at Coochbehar to the Court of Learned Additional Chief Judicial Magistrate at Siliguri for disposal. 6. In spite of service, none appears for the opposite party. 7. From the averments made in the application and also upon hearing the submission of the learned advocate for the petitioner, it appears that the petitioner was initially residing with her husband at Coochbehar and while so residing, she lodged a complaint which was registered as Misc. Execution Case No.60 of 2026. Subsequently, the petitioner has started residing with her married daughter at her matrimonial house at Siliguri. The circumstances set-forth demonstrate that it will be very burdensome on the part of the petitioner to carry on the proceeding under Section under Section 125 of the Code of Criminal Procedure currently being 144 BNSS, pending before the 3 Court of Learned Judicial Magistrate, 2nd Court, at Coochbehar while she is residing at Siliguri. 8. In the aforesaid circumstances and in accordance with the provisions of Section 528 of the BNSS, the present application being CRR/255/2026 be withdrawn from the Court of Learned Judicial Magistrate, 2nd Court at Coochbehar and transferred to the Court of Learned Additional Chief Judicial Magistrate at Siliguri. 9. CRR/255/2026 is disposed of accordingly. (Md. Shabbar Rashidi, J.)