Calcutta High Court (Appellete Side)
An Application Under Section 407 Of The vs Unknown on 3 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 4 03-02-2020
s. d.
ct, no.34 CRR 329 of 2020
In Re : Lohit Kumar Parua ......petitioner.
In the matter of : An application under Section 407 of the Code of Criminal Procedure.
Mr. Sabyasachi Hazra Mr. Samaresh Chandra Dhara ..... for the Petitioner.
Md. Anwar Hossain Ms. Sreyashee Biswas ....for the State.
The present application has been preferred under Section 407 of the Code of Criminal Procedure in respect of G. R. Case No. 449 of 2014 pending before the learned Additional Chief Judicial Magistrate at Tufanganj, Cooch Behar.
The learned advocate appearing for the petitioner submits that the petitioner is a resident of Tamluk, District Purba Medinipur and regularly he has to attend the court at Tufanganj which is seriously causing prejudice to him because of the distance.
2The further contention of the petitioner is that most of the accused persons are staying within the jurisdiction of the Purba Medinipur yet for one accused person this case has been registered within the jurisdiction of learned Additional Chief Judicial Magistrate, Tufanganj, Cooch Behar.
In view of the contentions so advanced by the learned advocate appearing for the petitioner, I do not find that the distance can only be a ground in a criminal case for transfer if the cause of action arose within a particular police station and the same has been rightly invoked.
As such, the prayer for transfer is refused. However, taking into account that the case is of the year 2014, the learned Magistrate is directed to expedite the progress of the case so that the whole proceeding can be taken to its logical conclusion within a reasonable period of time.
With the aforesaid observations, the revisional application being CRR 329 of 2020 is disposed of.
Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.
( Tirthankar Ghosh, J. ) 3