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2026 DAILYLAW 8057 (GAU)

SRI MADHURJYA KALITA v. THE STATE OF ASSAM AND ANR

Tr.P.(Crl.)/30/2026 · 2026-06-14

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010117342026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/30/2026 SRI MADHURJYA KALITA SON OF MANOMOHAN KALITA, AGED ABOUT 26 YEARS, R/O- SUALKUCHI SONARIPARA, SWARNAPUR, P.O. P.S.- SUALKUCHI, IN THE DISTRICT OF KAMRUP, ASSAM, PIN VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR P.P., ASSAM. 2:SMTI SMITA DAS DAUGHTER OF SRI GAUTAM KUMAR DAS RESIDENT OF WARD NO.4 TANGLA CHITRANAGAR UDALGURI ASSAM PIN- 78452 Advocate for the Petitioner : MR DEBA SARMAH, MS. S SUT Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 15.06.2026 Heard Mr. Deba Sarma, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 447 of the BNSS, 2023 praying for transfer of PRC Case No.689/2025 from the court of the Judicial Magistrate First Class, Dibrugarh to the court of the Chief Judicial Magistrate, Kamrup(M) at Guwahati. 3. The PRC Case No.689/2025 arising out of Dibrugarh P.S. Case No.62/2025 came into being on the basis of an FIR lodged by the Respondent No.2 Smita Das. 4. The Respondent No.2, Smita Das is a resident of Tangla in the district of Udalguri. She alleged that the present petitioner used to harass her by sending emails and messages. He also uploaded some intimate photographs of the Respondent No.2 in social media portraying her to be a call girl. While the Respondent No.2 was doing her study at Tezpur, the petitioner troubled her at Tezpur also. The petitioner allegedly posted her photographs in the whatsapp page of the Dibrugarh University. At that time, she was doing her studies in the Department of Pharmaceutical Science. 5. The reason for seeking transfer of the case to Guwahati is that the court at Dibrugarh does not have the jurisdiction to try the case. According to the petitioner, the cause of action for the case did not arise within the jurisdiction of Dibrugarh. 6. I have considered the submissions made by the learned counsel Mr. Sarma. 7. The grounds on which the transfer of the case has been prayed for, are not Page No.# 3/3 maintainable at this stage. Those grounds may be raised before the trial court. A criminal case cannot be transferred from one district to another district on the grounds pleaded by the petitioner. For this reason, the transfer petition is found to be devoid of merit and stands dismissed and disposed of accordingly. JUDGE Comparing Assistant