Calcutta High Court (Appellete Side)
An Application Under With Section 407 vs Unknown on 6 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 AD 35 06-02-2020
s. d.
ct, no.34 CRR 399 of 2020
In Re : Kallol Paul and ors. .....petitioners.
In the matter of : An application under with Section 407 read with Section 401 & 482 of the Code of Criminal Procedure.
Mr. Satadru Lahiri ..... for the Petitioners. The petitioners have challenged the order dated 23.12.2019 passed by the learned Sessions Judge, Hooghly in Criminal Misc. Case No. 2007 of 2019 which was dismissed by the learned Sessions Judge.
I find from the contentions made in the revisional application that the petitioners are more apprehensive of the fact that the complainant happens to be a practicing advocate of the court and they may not be able to have proper remedies by way of free and fair trial, if the same is conducted within the jurisdiction of the learned Additional Chief Judicial Magistrate, Chandannagar or any court thereunder.
Presently, the apprehension of the petitioners are that, in case they appear before the learned Judicial 2 Magistrate, 3rd Court, Chandannagar, they may not be able to afford any surety because of the influence of the complainant who happens to be a member of the local Bar.
In view of the apprehension so expressed, I direct that the petitioners, in any event, can seek the assistance of the Deputy Commissioner of Police associated with the Chandannagar Police Commissionerate, in case, the petitioners on the way to the court or returning from the court are harassed in any manner. The learned Judicial Magistrate, 3rd court, Chandannagar would also see to the fact that in case the petitioners appear and are unable to organize any surety at their own or by a lawyer on their behalf, in that case the learned Judicial Magistrate will release the present petitioners on P. R. Bond for a period of two years during the pendency of C. R Case No. 479/2019.
With the aforesaid observations, the revisional application being CRR 399 of 2020 is disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the petitioners upon compliance of all formalities.
( Tirthankar Ghosh, J. ) 3