Calcutta High Court (Appellete Side)
Ketaki Bera vs Unknown on 27 January, 2012
Author: Kanchan Chakraborty
Bench: Kanchan Chakraborty
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41
27.01.2012.
s.d.
CRR 3555 of 2010
In re : An application under section 407 of the
Code of Criminal Procedure.
In the matter of : Ketaki Bera. ........petitioner.
Mr. Rajib Kumar Basu ....for the petitioner.
Mr. Kallol Kumr Mondal ....for the Opposite Party.
This application under section 407 Cr. P. C has been
filed by Ketaki Bera, the complainant in Case No being CR 30/06
pending in the court Ld. Additional Chief Judicial Magistrate,
Arambagh, Hooghly under section 498A of the Indian Penal Code.
Initially, this Court directed the petitioner on 07-07-
2011 to serve notice upon all the opposite parties under registered
post with acknowledge due.
Today, Mr. Rajiv Basu, learned advocate appearing on
behalf of the petitioner files affidavit of service in the court. Let it be
kept with the record. It appears from the said service that all the
four opposite parties have received notice at Sodepur.
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By this application for transfer of a complaint case being C.
R. No. 30 of 2006 from the Court of the Learned Additional Chief
Judicial Magistrate, Arambagh, Hooghly to the Court of Additional
Chief Judicial Magistrate, Barrackpore has been sought for mainly
on the ground:-
a) that the petitioner is a lady having minor son and sick mother
and residing permanently at Sodepur under Police Station
Khardah ; and
b) that it is not possible for her to attend the ACJM court at
Arambag time to time to conduct trial initiated by her against
her husband.
Mr. Mondal, learned advocate appearing on behalf of the
opposite parties contends that only opposite party Uttam Bera lives
at Sodepur, while the other opposite parties are living in Arambag,
Hooghly. However, he also submits that when the offence alleged
was committed within the jurisdiction of Arambag, there is no
reason for this Court to withdraw the case from the competent
court and transfer it to the court of Ld. Additional Chief Judicial
Magistrate, Barrackpore.
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From record, it appears that the petitioner/wife initiated
one proceeding under section 125 Cr. P. C against her husband at
Arambag Court, which was also transferred on the ground :
a) that she is a lady with a minor child and ailing mother and a
permanent resident of Sodepur ; and
b) that the case was transferred to Barrackpore.
No doubt, the Court at Arambagh is having jurisdiction to
try the case, as the offence alleged has been committed within its
jurisdiction. But, that does not come in the way for the
complainant to get the case transferred in a place, which
appears to be convenient to her. In some cases, the Court is
supposed to consider the problems and conveniences of the weaker
sections of the society. It is not denied that the petitioner is a
permanent resident of Sodepur at present and is having a minor
son and ailing mother. It is also not disputed that it would be
much troublesome and inconvenient for her to conduct her case in
the ACJM Court at Arambag, Hooghly leaving her minor son and
ailing mother in the house at Sodepur time and again. Uttam Bera,
the opposite party is admittedly living at Sodepur permanently.
The other opposite parties have received notice at Sodepur.
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Therefore, it is clear that they stay at Sodepur and there would be
no inconvenience for them to attend the court at Barrackpore.
Section 407 of the Code of Criminal Procedure empowers the
High Court to pass necessary order for transfer of cases for the
general inconvenience of the parties or witnesses or when it is
expedient for the ends of justice.
Taking everything into consideration, I think that it
would be convenient for the petitioner being a lady having minor
child and her ailing mother and a permanent resident of Sodepur to
attend the A.C.J.M Court at Barrackpore than to attend the court
at Arambag, Hooghly. There will be no inconvenience for the
opposite parties also to appear in the Court at Barrackpore instead
of Arambag since they are also residing at Sodepur.
Accordingly, I allow the prayer of the petitioner.
Let the case being Case No. C. R. 30 of 2006 pending in
the Learned Additional Chief Judicial Magistrate, Arambagh be
transferred to the Court of Additional Chief Judicial Magistrate,
Barrackpore for trial.
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The Ld. A.C.J.M., Arambagh is directed to transfer the
case record and necessary papers to the Court of Ld. A. C. J. M.,
Barrackpore.
The revisional application is, thus, disposed of
accordingly.
Criminal Section is directed to supply urgent photostat
copy of this order, if applied for, to the parties upon compliance of
necessary formalities.
.
(Kanchan Chakraborty,J. )