Calcutta High Court (Appellete Side)
413/2011 on 16 June, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
3. 16-06-11
CRR No. 413 of 2011 Mr. Kajal Roy ... for the petitioner Mr. Sovendu Sekhar Roy Ms. Mala Mitra ... for the State Mr. Abhra Mukherjee Ms. Anita Kundu ... for the O.P. Nos. 2- 4 Heard Mr. Kajal Roy, learned Advocate appearing for the petitioner and Mr. Sovendu Sekhar Roy, learned Advocate appearing with Ms. Mala Mitra for the State as well as Mr. Abhra Mukherjee, learned Advocate for the opposite party nos. 2 to 4.
The petitioner, who happened to be the defacto-complainant-wife, invoking Section 407 of the Code of Criminal Procedure, has moved this court for transfer of G.R. Case No. 98/2009 arising out of Kalna P.S. Case No. 47/2009 under Sections 498A/323/34 of the Indian Penal Code, now pending before the learned Additional Chief Judicial Magistrate, Kalna, Burdwan to any other competent court at Chandernagore.
It is the contention of the petitioner that after she being driven out from her matrimonial home, she has taken shelter, with her two minor child aged about 7 years and 5 years respectively, at her parent's home and at the present moment at her parent's home, except her old father aged about 66 years, there is no other adult male member in the family.
It is submitted that if she is to attend the court at Kalna, she has to face a great hardship and on other hand, if the case is transferred, that would not cause any inconvenience to any of the parties. 2 It was also contended that two other cases; one under Section 125 of the Code of Criminal Procedure and another under Domestic Violence Act, both are pending before the learned Judicial Magistrate, 2nd Court, Chandernagore.
On the other hand, Mr. Abhra Mukherjee, learned Advocate appearing on behalf of the accused-opposite parties submitted that if the case is transferred to the court of Chandernagore, he has no objection, however, he pointed out that opposite party nos. 3 and 4 are old persons and if they have to come all the way from Kalna to Chandernagore, that would cause great hardship to them. He prays that they may be permitted to be represented by their learned lawyer during the trial.
In reply to the submission made by Mr. Mukherjee, the learned Counsel of the petitioner Mr. Roy submitted that he has no objection if the opposite party nos. 3 and 4 are allowed to be represented by their lawyer under Section 205 of the Code of Criminal Procedure during the trial of the G.R. Case No. 98/2009 after transfer of the said case.
In my opinion, if the case in question is transferred to the court of the A.C.J.M., Chandernagore, that would not cause any inconvenience to any of the parties and on other hand, that would be appropriate for ends of justice.
Accordingly, this application stands allowed and it is directed the G.R. Case No. 98/2009 which is now pending before the learned Additional Chief Judicial Magistrate, Kalna, Burdwan be transferred to the court of Additional Chief Judicial Magistrate, Chandernagore. At the same time it is directed that the opposite party nos. 2 and 3 shall have the 3 liberty to move an application under Section 205 of the Code of Criminal Procedure, on usual undertaking, and if such an application is filed, the learned Magistrate shall consider the same sympathetically and in accordance with law and taking into consideration that before this court the learned counsel representing the petitioner has raised no objection with regards to the same.
This application, accordingly, stands disposed of. Criminal section is directed to supply photostat certified copy of this order, if applied for.
(Ashim Kumar Roy, J.)