Calcutta High Court (Appellete Side)
364/2010 on 16 December, 2010
.2010 C.R.R. 364 of 2010 Mr. Rakheswar Dey Sarkar ... For the petitioner Mr. Swapan Mallick ... For the State Heard learned Advocates for both party presents. In the instant revisional application the petitioner has sought for transfer of Misc. Case No. 189 of 2007 under Section of the Code of Criminal Procedure now pending before the court of learned Additional Chief Judicial Magistrate, Kalna, Burdwan to any court within the district of Hooghly preferably at Serampore on ground of harassment by the wife .
It appears that since the wife is residing within the district of Burdwan, for the convenience of both the parties, this case should be disposed of at Buredwan Sadar and as such, the prayer is partly allowed.
Let the case be withdrawn from the file of learned Additional Chief Judicial Magistrate at Kalna, Burdwan and transfer the same to the file of learned Judicial Magistrate, Burdwan with a direction to dispose of the matter either by him or to transfer the same to any other court under his administrative capacity to the competent court at Burdwan Sadar.
The revisional application is thus disposed of. Registry is directed to communicate this order to both the courts below immediately.
2Certified Photostat copy of this order, if applied for, be given to the respective parties upon compliance of all formalities.
(Syamal Kanti Chakrabarti,J. ) 3 4 5 In the instant application under Section 482 of the Code of Criminal Procedure the propriety and legality of the impugned order dated 27.8.2007 passed by learned Judicial Magistrate, 7th Court, Howrah in Complaint Case No. 961 of 2001 under Section 138 of the N. I. Act and Sections 504/427 of the Indian Penal Code has been challenged including prayer for quashing of the entire proceeding.
I find from the impugned order that the learned court below has directed the accused persons to appear personally for the purpose of hearing of the application under Section 205 of the Code of Criminal Procedure.
Having heard the learned Advocates for both parties, I hold that personal appearance of the accused persons is not mandatory for the purpose of hearing of the said application under Section 205 of the Code of Criminal Procedure. Therefore, the said order is modified to the effect that the learned court below will dispose of the said application under Section 205 of the Code of Criminal Procedure after hearing both the parties and their authorised representatives i.e. their lawyer in accordance with law without insisting on their personal appearance.
The revisional application and the application being C.R.A.N. 3342 of 2010 are accordingly disposed of.
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Certified Photostat copy of this order, if applied for, be given to the respective parties.
(Syamal Kanti Chakrabarti, J.)