Supreme Court - Daily Orders
Srimati Sachita Ghosh vs State Of W B on 5 January, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Abhay Manohar Sapre
CRL.A. NO...... @SLP(CRL) NO. 6980 OF 2014
ITEM NO.63 COURT NO.8 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.) Nos. 6980/2014
(Arising out of impugned final judgment and order dated 07/10/2013
in CRR No. 1929/2013 passed by the High Court at Calcutta)
SRIMATI SACHITA GHOSH Petitioner(s)
VERSUS
STATE OF W B Respondent(s)
(With application for exemption from filing certified copy of the
impugned judgment and stay and office report)
Date : 05/01/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. A.K. Yadav, Adv.
Mr. B.B. Pradhan, Adv.
Mr. K. V. Mohan, A.O.R.(NP)
For Respondent(s) Mr. Anip Sachthey, A.O.R.
Mr. Mohit Paul, Adv.
Mr. Saakaar Sardana, Adv.
UPON hearing counsel the Court made the following
O R D E R
The State is represented by Mr. Anip Sachthey, Advocate on Record.
Leave granted.
The appeal stands disposed of in terms of the signed order.
Signature Not Verified Digitally signed by
[KALYANI GUPTA] [SHARDA KAPOOR] Kalyani Gupta Date: 2015.01.12 14:28:53 IST COURT MASTER COURT MASTER Reason:
[SIGNED ORDER IS PLACED ON THE FILE.] CRL.A. NO...... @SLP(CRL) NO. 6980 OF 2014 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 10 OF 2015 [ARISING OUT OF SLP(CRL) NO. 6980 OF 2014] SRIMATI SANCHITA GHOSH ….. APPELLANT VERSUS STATE OF WEST BENGAL ….. RESPONDENT O R D E R The State is represented by Mr. Anip Sachthey.
2. Leave granted.
3. Counsel for the State submitted that since the accused are not parties, the grievance of the appellant for transfer of the Criminal Case No. S.T.3(3) 12 corresponding to G.R. Case No. 2949 of 2010 in FIR NO. 318 dated 9th August, 2010 under sections 498, 406 and 313 IPC lodged in P.S. Harba pending before the Vth Additional District Judge at Barasat, District 24 Paragnas (West Bengal) cannot be considered in the absence of the accused.
4. Having considered the submission, we find that the case was lodged by the Police based on the complaint preferred by the appellant. The grievance of the appellant before the High Court was that she was transferred to B.S.T. CRL.A. NO...... @SLP(CRL) NO. 6980 OF 2014 Hospital, Jalpaiguri, after filing of the case by the Police. According to her, after the transfer, she is finding it difficult to pursue the litigation and assist the Police for tendering evidence before the courts below. Appellant being the complainant before the Police she has to necessarily give witness and she has to be examined by the Court concerned. In such circumstances, the appellant is well-justified in seeking for transfer from V th Additional District Judge at Barasat, District 24 Paragnas (West Bengal) to the concerned Court at District, Jalpaiguri.
5. We, therefore, allow the prayer, set aside the order impugned in this appeal and transfer ST Case No 3(3) 12 arising out of G.R. Case No.2949/2010 pending before the Vth Additional Chief Judicial Magistrate, Barasat to the Chief Judicial Magistrate of District Jalpaiguri.
6. The appeal stands disposed of on the above terms.
…...................................J [FAKKIR MOHAMED IBRAHIM KALIFULLA] …...................................J [ABHAY MANOHAR SAPRE] NEW DELHI JANUARY 05, 2015.
PAGE NO. 2 OF 2