Supreme Court – Daily Orders
Madhumita Sadhukhan vs State Of West Bengal on 12 March, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO.421 OF 2025
MADHUMITA SADHUKHAN PETITIONER(S)
VERSUS
STATE OF WEST BENGAL & ANR. RESPONDENT(S)
O R D E R
1. This transfer petition preferred by the mother-in-law
of the respondent no.2 seeking transfer of GR Case
No.130/2021 arising out of FIR No.59/2020 pending in the
Court of the Chief Judicial Magistrate, Bankura, West
Bengal to the Court of the Judicial Magistrate, District
Court Dhanbad, Jharkhand.
2. It appears from the materials on record that the
respondent no.2, in her capacity as the daughter in law,
filed the FIR referred to above, wherein the petitioner is
Signature Not Verified
Digitally signed by
CHANDRESH
Date: 2026.03.14
12:54:35 IST
Reason:
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the accused. It also appears that the husband of the
respondent no.2, i.e., the son of the petitioner committed
suicide. In connection with this case of suicide the
respondent no.2 was put to trial for the offence
punishable under Section 306 of the Indian Penal Code,
1860 (for short, “the IPC”). However, the Trial Court
acquitted the respondent no.2. Later the respondent no.2
seems to have filed the FIR. It appears that no sooner
the First Information Report was lodged against the
respondent no.2 for having abetted the commission of
suicide by her husband in span of 7 days thereafter the
respondent no.2 lodged an FIR against her mother- in-law.
3. We take notice of the order dated 12.11.2025 passed by
this Court, the same reads thus:-
“1. The petitioner happens to be the mother-
in-law of the Respondent No.2 – herein. She
prays for transfer of the Criminal Case No. 130
of 2021 arising out of FIR No. 59 of 2020 for
the offence punishable under Sections 498A, 323,
506 read with Section 34 of the Indian Penal
Code (for short, “The IPC”) titled “State of
West Bengal vs. Madhumita Sadhukhan & Anr.” from
the Court of Chief Judicial Magistrate, Bankura,
West Bengal to the Court of Judicial Magistrate,
District Court, Dhanbad, Jharkhand.
2. It appears from the materials on record that
the Respondent No.2 was married with the son of
the petitioner. The husband of the Respondent2
No.2 i.e. the son of the petitioner committed
suicide leaving behind a Suicide Note. The
Respondent No.2 along with one another co-
accused was put to trial for the offence of
abetment of suicide punishable under Section 306
IPC.
3. Prima facie it appears that on some mutual
understanding the witnesses turned hostile as a
result the Respondent No.2 – herein and the co-
accused stood acquitted.
4. In such circumstances, referred to above, we
are of the view that the Respondent No.2 should
consider putting an end to this criminal
proceedings also initiated by her against her
mother-in-law.
5. We want the Respondent No.2 to personally
remain present before us.
6. In such circumstances, let fresh notice be
issued to the Respondent No.2 returnable on 26-
11-2025.
7. The fresh notice shall be served through the
Police Inspector attached with Police Station –
Banjora, District Bankura, West Bengal.
8. The Police Inspector concerned shall ensure
that the Respondent No.2 – Rama Sadhukhan
personally remains present before this Court on
the returnable date.
9. In the meantime, the further proceedings of
Criminal Case No. 130 of 2021 arising out of
FIR No. 59 of 2020 pending before the Court of
Chief Judicial Magistrate, Bankura, West Bengal
shall remain stayed.”
4. We also take notice of our order dated 26.11.2025, the
same reads thus:-
“1. Our order dated 12-11-2025 speaks for itself. The
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order reads thus”-
xxx xxx xxx
xxx xxx xxx
2. Despite service of notice, the Respondent No.2
has failed to remain present before us.
3. We grant one last opportunity to the Respondent
No.2 to appear before us.
4. Put it on 9-1-2026.
5. We make it clear that on the returnable date if
the Respondent No.2 fails to appear before us, we
shall proceed to quash the proceedings of Criminal
Case No. 130 of 2021 arising out of FIR No. 59 of
2020.”
5. We also take notice of our order dated 11.02.2026
which reads thus:-
“1. Our last order dated 09.01.2026 reads thus:-
“1. Office Report indicates that the Respondent
No.2 has been served just yesterday with the
notice issued by this Court.
2. We want to grant one last opportunity to the
Respondent No.2 to appear before us.
3. Post it after four weeks.
4. We make it clear that on the next date of
hearing, if the Respondent No.2 fails to appear
before us, we shall appoint an Amicus Curiae and
proceed further with the matter on merits.”
2. Today also, when the matter was taken up for
hearing, the Respondent No.2 is not present.
3. Since Mr. Merusagar Samantaray, the learned counsel
is very much present in the courtroom, we have appointed
him as Amicus Curiae to assist us.
4. The learned counsel appearing for the petitioner
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shall furnish one set of his entire paperbook to the
learned Amicus Curiae today itself.
5. Post it on 26.02.2026.”
6. We heard Mr.Parinav Gupta, the learned counsel
appearing for the petitioner and Mr.Merusagar Samantaray,
the learned Amicus Curiae appointed by this Court.
7. Having regard to the facts recorded as aforesaid, we
are of the view that the continuation of the proceedings
of Criminal Case No. 130 of 2021 against the petitioner
will be nothing but an abuse of the process of law.
8. In such circumstances, we hereby quash the proceedings
of Criminal Case No. 130 of 2021 arising from the First
Information Report bearing No. 59 of 2020 registered with
Banjora, District Bankura, Sub Division Sadar, West Bengal
pending in the Court of the Chief Judicial Magistrate,
Bankura, West Bengal.
9. We express our gratitude to Mr.Merusagar Samantaray
for assisting us in the present matter as Amicus. We are
thankful to the learned Amicus.
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10. With the aforesaid, the Transfer Petition stands
disposed of.
11. Pending application(s), if any, stand disposed of.
……………….J.
[J.B.PARDIWALA]
……………….J.
[K.V. VISWANATHAN]
New Delhi
12th March, 2026.
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ITEM NO.36 COURT NO.7 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(Criminal) No.421/2025
MADHUMITA SADHUKHAN Petitioner(s)
VERSUS
STATE OF WEST BENGAL & ANR. Respondent(s)
[MR. MERUSAGAR SAMANTARAY, LEARNED COUNSEL AS AMICUS CURIAE]
Date : 12-03-2026 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE K.V. VISWANATHANMr. Merusagar Samantaray, Amicus Curiae
Mr. Kanishak Adv.
Mr. Anurag Yadav,Adv.
Ms. Tharani S Sre, Adv.
For Petitioner(s) :Mr. Parinav Gupta, Adv.
Mr. Pardeep Gupta, Adv.
Mrs. Mansi Gupta, Adv.
Dr. Mrs. Vipin Gupta, AOR
Ms. Nandani Gupta, Adv.
Mr. Krishna Kumar, Adv.
For Respondent(s) :Mr. Parag Chaturvedi, Adv.
Mr. Kunal Mimani, AOR
UPON hearing the counsel the Court made the following
O R D E R7
1. The Transfer Petition stands disposed of in terms of the
signed order.
2. The relevant part of the signed order is as under:-
“we hereby quash the proceedings of Criminal Case No.
130 of 2021 arising from the First Information Report
bearing No. 59 of 2020 registered with Banjora, District
Bankura, Sub Division Sadar, West Bengal pending in the
Court of the Chief Judicial Magistrate, Bankura, West
Bengal.
We express our gratitude to Mr.Merusagar Samantaray
for assisting us in the present matter as Amicus. We
are thankful to the learned Amicus.
3. Pending application(s), if any, stands disposed of.
(CHANDRESH) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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