Calcutta High Court (Appellete Side)
An Application Under Section 407 Of The ... vs Abhishek Chatterjee & Ors on 12 December, 2014
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
12.12.14 Item No. 36 Court No.17 Krishnendu CRR No. 3533 of 2013 In the matter of: An application under section 407 of the Code of Criminal Procedure, filed on 07.10.2013;
And In the matter of: Abhishek Chatterjee & Ors.
Petitioners
- Versus -
The State of West Bengal & Anr.
Opposite Parties
Mr. Angshuman Chakraborty
Mr. Shashanka Sekhar Saha For the Petitioners
Mr. Ayan Bhattacharyya For the State.
This revisional application has been filed for transfer of G.R. Case No. 1955 of 2012 arising out of Asansol Women Police Station Case No. 68 of 2012 dated 12.09.2012 under sections 498A/406/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act pending before the learned Additional Chief Judicial Magistrate, Asansol, to any other Criminal Court of equal or superior jurisdiction.
Despite service of notice, no one appears on behalf of the Opposite Party No.2 nor has any adjournment been sought for on his behalf.
Mr. Angshuman Chakraborty, the learned Advocate appearing on behalf of the Petitioners, submits that the Opposite Party No.2, who is the father-in-law of the Petitioner No.1, is a member of the Bar and has been practising in Asansol Court. Mr. Chakraborty further submits that three other criminal revision cases have already been transferred to the Court of competent jurisdiction at Durgapur pursuant to the orders of this Court dated 05.02.2013 in CRR 4176 of 2012 and CRR No. 4049 of 2012 and dated 08.04.2013 in C.O. No. 720 of 2013. He also submits that the distance between Durgapur and Asansol is 40 kilometers. After hearing the learned Advocates for the parties and perusing the records, I am of the opinion that for fair trial the above G.R. Case No. 1955 of 2012, arising out of Asansol Women Police Station Case No. 68 of 2012 dated 12.09.2012 under sections 498A/406/34 of the Indian Penal Code and section 3 and 4 of the Dowry Prohibition Act pending before the learned Additional Chief Judicial Magistrate, Asansol, should be transferred to the Court of competent jurisdiction at Durgapur.
Accordingly, I direct that G.R. Case No. 1955 of 2012 arising out of Asansol Women Police Station Case No. 68 of 2012 dated 12.09.2012 under sections 498A/406/34 of the Indian Penal Code and section 3 and 4 of the Dowry Prohibitions Act, pending before the learned Additional Chief Judicial Magistrate, Asansol, be transferred to the Court of competent jurisdiction at Durgapur.
The learned Sessions Judge, Burdwan, is directed to transmit all the records of G.R. Case No. 1955 of 2012 arising out of Asansol Women Police Station Case No. 68 of 2012 dated 12.09.2012 under sections 498A/406/34 of the Indian Penal Code and section 3 and 4 of the Dowry Prohibitions Act to the Court of competent jurisdiction at Durgapur at an early date.
In view of the above, the Criminal Revision being CRR No. 3533 of 2013 is disposed of.
Photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties upon compliance of all necessary formalities.
(Samapti Chatterjee, J)