569 06-08-2026 Ct. No.15 b.das CRR No. 4385 of 2024 In the matter of : Sabyasachi Bhattacharjee .….. petitioner. Mr. Chittaranjan Chakraborty Mr. Dipjyoti Chakraborty Mr. Sumit Banerjee Ms. Puspa Rani Jaiswara …for the petitioner. Mr. Prabir Majumder Ms. Anindita Kundu …for the opposite party. Heard learned counsels for the parties. None appears for the private opposite party despite service. The petitioner who is a resident of Guwahati and husband of the opposite party seeks transfer of Criminal Miscellaneous Case no.325 of 2023 under Section 127 of the Code of Criminal Procedure pending before the learned Chief Judicial Magistrate, Krishnanagar at Nadia to any other Court in Kolkata. Learned counsel for the petitioner submits that the petitioner is suffering from spine injury and it is difficult for him to travel to Krishnanagar. There is no facility for virtual hearing in Krishnanagar Court for which he is unable to appear before the learned Court virtually. Also, the opposite party has political influence in Krishnanagar for which the petitioner apprehends that he may not get fair trial therein. 2 Learned counsel seeks a direction upon the learned Trial Court to deal with the two cases filed by the parties under Section 127 of the Code of Criminal Procedure together. Learned counsel for the opposite party submits that the petitioner filed a defamation suit against the opposite party in Guwahati being Title Suit No.603 of 2023. The opposite party sought transfer of the case to Krishnanagar which was allowed by the Hon’ble Supreme Court on 27th February, 2025 in Transfer Petition (Civil) no. 3478 of 2024. However, the said case was not proceeded with by the petitioner. I have considered the rival contention of the parties. The petitioner is a resident of Guwahati and submits that he can travel to Kolkata by air to contest the cases. If he is able to travel to Kolkata all the way from the Guwahati, there is no reason why he shall not be able to travel to Krishnanagar. The medical documents submitted by the petitioner are of 2023 and 2024. There is no recent medical document which suggests that the petitioner is not in a fit state to travel to Krishnanagar from Kolkata. In the application under Section 127 of the Code, he may be represented by his learned counsel before the learned Trial Court. The political influence of the opposite party alleged by the petitioner is only a stray statement made in the 3 application. No prima facie evidence has been produced by the petitioner in support of his contention. The Hon’ble Supreme Court chose to transfer the suit filed by the petitioner at Guwahati to Krishnanagar on prayer of the opposite party. No ground of transfer of the case from Krishnanagar having been made out by the petitioner, the application is devoid of any merit and is liable to be dismissed. Accordingly, CRR 4385 of 2024 is dismissed. The interim order granted earlier is vacated. On prayer of the petitioner, liberty is granted to approach the learned Trial Court for consideration of both the matters together. There shall, however, be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. ( Suvra Ghosh, J. )