Calcutta High Court (Appellete Side)
2076/2010 on 14 July, 2010
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
89. 14-07-10
g.n.
CRR No. 2076 of 2010 In Re : Joydeb Samanta & Ors - Petitioners Mr. Gouranga Kumar Das ... for the petitioners By moving this application, invoking Section 407 of the Code of Criminal Procedure, the petitioners are seeking transfer of investigation relating to Nandigram P.S. Case No. 131 of 2009 under Sections 498A/406/323/34 of the Indian Penal Code.
As the law stands, there is no scope to transfer the investigation from one police station to other by exercise of power under Section 407 of the Code of Criminal Procedure.
This application is wholly misconceived and not maintainable.
Moreover, having regards to the allegations made in the F.I.R., I find that the entire cause of action arose within the territorial limit of the Nandigram Police Station.
Accordingly, question of transfer does not at all arise. This application stands dismissed.
(Ashim Kumar Roy, J.)