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Calcutta High Court (Appellete Side)

Sri Ashim Kumar Naskar vs The State Of West Bengal & Anr on 22 December, 2025

22.12.2025
Sl. No.39
AMR
Ct.No.32
                                CRR 2082 of 2024

                         Sri Ashim Kumar Naskar
                                    vs.
                      The State of West Bengal & Anr.


                Ms. Zareen Nasema Khan
                Mr. Sayan Deb Kumar


                                                    ...for the State


             1.

None appears on behalf of the petitioner. No accommodation is sought for.

2. Even on earlier occasions, none represented the petitioner.

3. This case pertains to the year 2024. The petitioner has filed this Revisional application seeking transfer of Sessions Case No. 506 of 2023 pending before the learned Sessions and District Judge at Barasat, North 24-Parganas arising out of Barasat Police Station Case No. 587 of 2019 under Sections 498A/307/506 and 34 of the Indian Penal Code, 1860 to the Court of the learned Sessions Judge at Durgapur, Paschim Bardhaman.

4. Ground for transfer of case has been made by the petitioner that on January 24, 2024, the petitioner's learned advocates Mr. Debashis Koner and Trishna Farfaria went to the learned 1st Judicial Magistrate Court at Barasat, North 24-Parganas to attend the hearing of the case being Miscellaneous Case No. 2 414 of 2019, but unfortunately, the opposite party's learned advocate snatched the case record from the hand of the petitioner's learned advocate, Mr. Debashis Koner in front of the learned 1st Judicial Magistrate at Barasat, North 24-Parganas and threatened him with dire consequence, if he will further appear in the instant matter in the near future at Barasat Court.

5. It is further alleged that his legal representatives went to the Barasat Court for attending the hearing date in the case being Miscellaneous Case No. 414 of 2019, at that time, they faced several threats of illegal confinement at Barasat Court premises. They were also abused in filthy languages and assaulted by the opposite party and her men and agents in the pretext of their illegal demand for settlement.

6. It is also alleged that on May 10, 2024, the petitioner went to the Barasat Court premises for looking into the case records and engaging a new advocate to conduct his case as his erstwhile advocates and other new advocates of Paschim Bardhaman were unwilling to take the petitioner's case as there has been several threats and other unfortunate incidents took place on the earlier occasions.

7. Therefore, he wants to transfer his aforesaid case from Barasat Court to some other Court i.e. Durgapur, Paschim Bardhaman.

8. Hence, this Revisional application.

3

9. Learned counsel appearing on behalf of the State Ms. Khan produced the compliance report in details, compliance report is taken on record.

10. Upon perusal of the report as well as record, it appears that allegation made by the petitioner in his petition is not supported by any document. Upon enquiry by the police authority, it reveals the allegations were false and fabricated.

11. On 10.05.2024, no such incident occurred at Barasat Court premises. The matter was diarized vide Barasat P.S. GDE No. 1355 dated 16.05.2024.

12. The report further reveals the SDR and CDR with decoded tower locations of mobile number of the petitioner and opposite party were collected, but the location or mobiles were also not found at the place of occurrence. No complaint was filed regarding the alleged incident of threatening, assault and attempted to be snatched or snatched the case records in any police station. Therefore, the police found all the allegations are false and fabricated.

13. I have considered the entire materials as well as the report submitted by the police authority. This Court is fully satisfied that there is no sufficient grounds or cogent reasons made out by the petitioner to transfer the Sessions Case No. 506 of 2023 pending before the learned District and Sessions Judge at Barasat, North 24-Parganas arising out of Barasat Police Station Case No. 587 of 2019 under Sections 498A/307/506 and 34 of 4 Indian Penal Code, 1860 to the Court of the learned Sessions Judge at Durgapur, Paschim Bardhaman.

14. Therefore, the Revisional application is found devoid of merit and the same being CRR No. 2082 of 2024 is hereby dismissed. Connected applications, if any, are also, thus, disposed of.

15. Interim order, if any, stands vacated.

16. Let the copy of this order be communicated to the learned Court below for information.

17. Parties are act upon the server copy of this order duly downloaded from the official website of this court.

18. Urgent photostat certified copy of this order, if applied for, be given to the parties taking all necessary legal formalites.

(Ajay Kumar Gupta, J.)