Varsha Kochhar Vs.
Biku Sarmah & ANR.  INSC 48 (12 January 2009)
JURISDICTION TRANSFER PETITION (CRL.) NO. 241 OF 2004 :VERSUS:
ORDER Despite service
of notice, nobody appears for the respondents.
Keeping in view the
facts and circumstances of this case, we allow this transfer petition,
directing that CR 18 OF 2004, titled as Biku Sarma vs. Varsha Kochar, pending
before the Court of S.D.J.M., Margherita, Assam State, be transferred to the
Court of competent jurisdiction at Mumbai.
Let the records of
the case be transferred to the Chief Metropolitan Magistrate, Mumbai, who may
try the case himself or may assign the same to a Court of competent
The transferee Court
shall issue notice to both the parties after fixing a date of hearing.
However, as the
respondents hail from State of Assam, we request the transferee Court to fix a
specific date of hearing so that the respondents may remain present on that
date with their witnesses.
-2- It is made clear
that on the date so fixed by the transferee Court, when the respondents are
present along with their witnesses, the petitioner shall not take any
The transfer petition
is allowed accordingly.
(Dr. MUKUNDAKAM SHARMA)