Varsha Kochhar vs Biku Sarmah & Anr on 12 January, 2009

                                      IN THE SUPREME COURT OF INDIA

                          CRIMINAL ORIGINAL JURISDICTION

                     TRANSFER PETITION (CRL.) NO. 241 OF 2004


VARSHA KOCHAR                                                     ...    PETITIONER(S)

                                          :VERSUS:

BIKU SARMAH AND ANR.                                              ...    RESPONDENT(S)



                                          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 jurisdiction.

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.

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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

adjournment.

The transfer petition is allowed accordingly.

……………………..J
(S.B. SINHA)

……………………..J
(Dr. MUKUNDAKAM SHARMA)

NEW DELHI,
JANUARY 12, 2009.