Calcutta High Court (Appellete Side)
Amit Shaw And Others vs The State Of West Bengal And Another on 19 July, 2016
Author: R.K. Bag
Bench: R.K. Bag
1 S/L.43. C.R.R. No.2136 of 2016 July 19, 2016 Bpg. In the matter of : Amit Shaw and others.
...petitioners.
Versus The State of West Bengal and another.
...opposite parties.
Mr. Alok Roy Chowdhury, Ms. Mahua Dutta Biswas.
...for the petitioners.
Mr. Ayan Basu.
...for the State.
The petitioners have preferred this revision praying for quashing of the criminal proceeding of G.R. Case no.1400 of 2014 arising out of Cossipore Police Station Case no.89 of 2014 dated April 21, 2014 under Sections 498A/406/34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act pending before the court of learned Additional Chief Judicial Magistrate, Sealdah.
Learned counsel for the petitioners submits that the offence took place within the territorial jurisdiction of Baranagar Police Station but the FIR was lodged in Cossipore Police Station and the investigation was carried out by the Investigating Officer attached to Cossipore Police Station. He further submits that learned Additional Chief Judicial Magistrate of Sealdah having territorial jurisdiction over Cossipore Police Station took cognizance of the offence, which is not permission under the law.
Mr. Ayan Basu, learned counsel for the State submits that part of the offence under Section 406 of the Indian Penal Code took place in the house of parents of the defacto complainant which is situated within the territorial jurisdiction of Cossipore Police Station and as such learned Additional Chief Judicial Magistrate of Sealdah has the territorial jurisdiction to take cognizance and try the offence.
On consideration of the written complaint treated as FIR, I find that almost the entire offences punishable under Sections 498A/406/34 of the Indian 2 Penal Code took place in the matrimonial home of the defacto complainant which is situated within the territorial jurisdiction of Baranagar Police Station. I am informed that learned Additional Chief Judicial Magistrate, Barrackpore has the territorial jurisdiction to take cognizance and try the offences taking place within the jurisdiction of Baranagar Police Station. In the facts and circumstances of the present case, I cannot persuade myself to invoke my power under Section 482 of the Code of Criminal Procedure to quash the instant criminal proceeding only because learned Additional Chief Judicial Magistrate, Sealdah had no territorial jurisdiction to try the offences in question. For ends of justice, I am inclined to transfer the case from the court of learned Additional Chief Judicial Magistrate, Sealdah to the court of learned Additional Chief Judicial Magistrate, Barrackpore who has territorial jurisdiction to take cognizance and try the offences in question.
In view of my above findings, G.R. Case no.1400 of 2014 pending before the court of learned Additional Chief Judicial Magistrate, Sealdah is transferred to the court of learned Additional Chief Judicial Magistrate, Barrackpore with immediate effect, who may try the case himself or transfer the case to the court of any other learned Judicial Magistrate under his jurisdiction.
Let a copy of this order be forwarded to learned Additional Chief Judicial Magistrate, Sealdah with direction to transfer the case record to the court of learned Additional Chief Judicial Magistrate, Barrackpore within a period of four weeks from the date of communication of the order. Let another copy of the order be forwarded to learned Additional Chief Judicial Magistrate, Barrackpore for favour of information and necessary action.
With the above direction, criminal revision is disposed of.
(R.K. Bag, J.)