Calcutta High Court (Appellete Side)
Kaushik Bag & Anr vs The State Of West Bengal & Anr on 19 November, 2025
22 19.11.2025
SM Court No.22
CRR 2256 of 2025
Kaushik Bag & Anr.
Vs.
The State of West Bengal & Anr.
Ms. Sananda Bhattacharya
Ms. Busra Khatun
Ms. Prapti Ray Ballav
... ... for the petitioners
1.This Revisional Application preferred under the conjoint provisions of Section 407 and Section 482 of the Code of Criminal Procedure, 1973 seeks the transfer of the trial in Goghat Police Station Case No.348 of 2023 (G. R. Case No.1604 of 2023) under Sections 498A/304B/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Arambag, Hooghly, and the petitioners pray for its transfer to the Court of learned Chief Judicial Magistrate, Purba Bardhaman.
2. Learned Counsel for the petitioner who are mother-in- law and husband of the deceased wife has pressed for transfer primarily on the ground of grave personal inconvenience in attending the Court at Arambagh.
3. It is submitted that the distance between their residence and the Court is about 60 km. Furthermore, its asserted that the petitioners are constrained by the necessity of caring for a minor child, which renders frequent and distant travel to attend the Court proceedings a significant hardship and an impediment to their effective defence. The cumulative inconvenience, it is argued 2 constituted a compelling circumstances justifying the exercise of this Court's power under Section 407 of Cr.P.C.
4. The inherent power of this Court under Section 407 of Cr.P.C. is activated to ensure to ends of justice and to prevent hardship which falls within the ambit of "general convenience of the parties or witness".
5. Upon a preliminary consideration of the submission and the material facts presented, particularly the considerable distance separating the petitioners' residence from the Trial Court, coupled with the assertion of having a dependent minor child. This Court finds prima facie substance in the plea of inconvenience. Such circumstances necessitated a judicial enquiry to ensure that accused are not hampered in presenting their defence due to geographical constraints.
6. Accordingly, the application merits formal admission for a contested hearing.
7. The instant Revisional Application is hereby admitted.
8. The matter shall appear in list under the heading of "Contested Application".
9. Learned Advocate for the petitioner is directed to serve notice along with copy of this revisional application to opposite party no.1, the State of West Bengal through the office of the Learned Public Prosecutor, High Court at Calcutta and opposite party no.2 through Speed Post 3 with A/D and submit affidavit of service by the adjourned date.
10. Let this matter appear on 5th December, 2025.
(Uday Kumar, J.)