Allowed¶24

Murshed Alli Saha v. Sakina Bibi

Orissa HC7 Apr 2025TRPCRL/14/2025

Case brief

AI extract

What is this about?

TRPCRL No.14 of 2025, Murshed Alli Saha v. Sakina Bibi, High Court of Orissa at Cuttack, order dated 07.04.2025 by M.S. Raman J. Transfer petition under Section 447 BNSS 2023 read with Section 407 CrPC 1973 for transfer of Cr.P. No.200 of 2024 (wife's proceeding under Section 144 BNSS) from Family Court, Bhadrak to Family Court, Kendrapara; both spouses residing in District Kendrapara (Rangani/Talchua); notice served per postal tracking report, no objection; transfer allowed, pending I.A. disposed of.

What did the court decide?

Transfer of Cr.P. No.200 of 2024 from the Court of the learned Judge, Family Court, Bhadrak to the Court of the learned Judge, Family Court, Kendrapara; TRPCRL disposed of being allowed; pending I.A., if any, stand disposed of. ¶24

Murshed Alli Saha Vs Sakina Bibi — Maintenance and Alimony | Orissa HC (2025)

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the criminal proceeding Cr.P. No.200 of 2024 (filed by the Opposite Party-Wife under Section 144 BNSS), pending before the Court of the learned Judge, Family Court, Bhadrak, should be transferred to the Court of the learned Judge, Family Court, Kendrapara.

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Court's answer

The Court found transfer appropriate because the Petitioner and the Opposite Party are staying within the jurisdiction of the learned Judge, Family Court, Kendrapara.

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Ratio / Principle

Cr.P. No.200 of 2024 is directed to be transferred from the Court of the learned Judge, Family Court, Bhadrak to the Court of the learned Judge, Family Court, Kendrapara.

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Key takeaways

Both the learned Judge, Family Court, Bhadrak and the learned Judge, Family Court, Kendrapara are to act upon communication of this order or on production of certified copy of this order, whichever is earlier.ratio¶23

Detailed headnote1 paragraphs

Transfer of criminal proceeding — S.447, Bharatiya Nagarik Suraksha Sanhita, 2023 read with S.407, Code of Criminal Procedure, 1973 — Petitioner-husband sought transfer of Cr.P. No.200 of 2024, filed by the Opposite Party-Wife under S.144 BNSS and pending before the learned Judge, Family Court, Bhadrak, to the learned Judge, Family Court, Kendrapara. Cause titles of Civil Proceeding No.149 of 2024 (husband's case at Kendrapara) and of Cr.P. No.200 of 2024 disclosed both parties' addresses in District Kendrapara (Rangani/Talchua); notice issued pursuant to order dated 18.02.2025 was served per postal tracking report, yet the Opposite Party neither appeared nor filed any objection. Holding: since the Petitioner and the Opposite Party are staying within the jurisdiction of the learned Judge, Family Court, Kendrapara, transfer was deemed apposite; Cr.P. No.200 of 2024 directed to be transferred to the Family Court, Kendrapara; both courts to act on communication of the order or certified copy, whichever is earlier; pending I.A. disposed of; TRPCRL allowed (order dated 07.04.2025, M.S. Raman J., High Court of Orissa at Cuttack).

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRPCRL No.14 of 2025

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Murshed Alli Saha

¶4

…. Petitioner

¶5

Mr. Amit Prasad Bose, Advocate

-versus-

Sakina Bibi

Opposite Party

CORAM:

Order No. 02.

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 07.04.2025

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This matter is taken up through Hybrid Mode.

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This application has been filed by the learned counsel for the Petitioner under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 407 of the Code of Criminal Procedure, 1973 for transfer of the Criminal Proceeding bearing Cr.P. No.200 of 2024, filed by the Opposite Party-Wife under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which is stated to be pending in the Court of the learned Judge, Family Court, Bhadrak to the Court of the learned Judge, Family Court, Kendrapara.

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Pursuant to the order dated 18.02.2025 notice was issued to the Opposite Party. On perusal of record, it appears that notice is stated to have been delivered to the addressee, as depicted in the downloaded tracking report of the Postal Department, but none appeared for the Opposite Party at the time of call.

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Page 1 of 3

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Learned counsel appearing for the Petitioner taking this Court to the cause title of Civil Proceeding No.149 of 2024 filed by the Petitioner-husband in the Court of the learned Judge, Family Court, Kendrapara submitted that the address of the Opposite Party has been disclosed therein as “at present daughter of Hasimuddin Alli, of Village/P.O.: Rangani, P.S.: Talchua Marine, District: Kendrapara”. Further, he has referred to cause title of Cr.P. No.200 of 2024 filed by the Opposite Party-wife, which is stated to be pending before the Court of the learned Judge, Family Court, Bhadrak wherein her present address is disclosed as “At: Harishpur, P.O.: Solendrapalli, P.S. Bansadas, District: Bhadrak, at present daughter of Hasimuddin Alli Saha, At: Rangani, P.O.: Talchua, P.S.: Talchua, District: Kendrapara”.

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4.1. He has further submitted that notice issued from this Court in the present case in the address “At: Rangani, P.O.: Talchua, P.S.: Talchua, District: Kendrapara” is reported to have been served in the said address, which is depicted from the downloaded copy of the tracking report placed in the record by the Registry.

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4.2. Therefore, he urged that since Opposite Party-wife and the Petitioner-husband are staying in the district of Kendrapara, no prejudice would be caused to either of the parties if Cr.P. No.200 of 2024 stated to be pending before the Court of the learned Judge, Family Court, Bhadrak is transferred to the Court of the learned Judge, Family Court, Kendrapara.

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Heard learned counsel appearing for the Petitioner. Neither the Opposite Party nor her representative appeared today or has any objection been filed despite notice being served on her.

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Page 2 of 3

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Considered the averment and submission advanced by learned counsel for the Petitioner. Since the Petitioner and the Opposite Party are staying within the jurisdiction of the learned Judge, Family Court, Kendrapara, it is deemed apposite to transfer criminal case being Cr.P No.200 of 2024 from the Court of the learned Judge, Family Court, Bhadrak to the Court of the learned Judge, Family Court, Kendrapara.

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Accordingly, Cr.P. No.200 of 2024 is directed to be transferred to the Court of the learned Judge, Family Court, Kendrapara.

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Both the learned Judge, Family Court, Bhadrak and the learned Judge, Family Court, Kendrapara are directed to act upon the communication of this order or on production of certified copy of this order before them, whichever is earlier.

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With the aforesaid observation, the TRPCRL stands disposed of being allowed.

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In view of the aforesaid order, pending I.A., if any, shall stand disposed of.

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Registry is instructed to communicate the said order to the Court of the learned Judge, Family Court, Bhadrak as well as the learned Judge, Family Court, Kendrapara forthwith.

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Laxmikant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Apr-2025 17:44:42

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(M.S. Raman) Judge

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Page 3 of 3

Murshed Alli Saha v. Sakina Bibi

Case brief

What is this about?

What did the court decide?

Murshed Alli Saha v. Sakina Bibi

Case brief

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