Calcutta High Court (Appellete Side)
An Application Under Section 407 Of The ... vs Anil Kumar Ray on 29 June, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. June 29, C.R.R. 2056 of 2016
90. 2016 In the matter of: An application under Section 407 of the Code of Criminal Procedure ;
And In the matter of : Anil Kumar Ray Versus State of West Bengal & anr.
Mr. Krishnendu De, Mr. Manas Kumar Roy, ...for the petitioner.
The petitioner is facing a criminal prosecution under Sections 498A/384/506/34 of the Indian Penal Code before the learned Judicial Magistrate, First Court at Siliguri, Darjeeling. He prays for transfer of the proceeding on the ground that he is a septuagenarian and is suffering from various ailments.
Having considered the materials on record, I find that the offences are committed within the jurisdiction of the learned Magistrate and the complainant is also residing within the said jurisdiction.
Accordingly, I do not wish to transfer the instant proceeding elsewhere to the prejudice of the complainant and her witnesses. However, it shall be open to the petitioner in view of his advanced age as well as various ailments to pray for dispensation with his personal appearance before the learned Magistrate under Section 205/317 of the Code of Criminal Procedure in accordance with law. In the event, such an application is made, the learned Magistrate shall consider the same in accordance with law and shall pass appropriate order thereon.
With the aforesaid observations, the petition for transfer is disposed of. Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Joymalya Bagchi, J. ) dns 2