Calcutta High Court (Appellete Side)
Mala Roy vs In Re: An Application Under Section 407 ... on 9 April, 2019
1 34 09-04-2019
sd CRR No. 3552 of 2017 With CRAN 1175 of 2019 In the matter of : Mala Roy ..... Petitioner.
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In re: An application under Section 407 read with Section 482 of the Code of Criminal Procedure.
Mr. Chittapriya Ghosh Mr. Sandipan Pal ..... For the Petitioner.
Mr. Swapan Banerjee Mr. Suman De ..for the State.
Petitioner is the victim lady of Sessions Case No. 29 of 2015 arising out of G R. Case No. 447 of 2013 in connection with Haldibari Police Station No. 181 of 2013 dated 2nd September, 2013 under Sections 440/326A/34 of the Indian Penal Code.
From the order dated 5th December, 2017 passed in CRR 3552 of 2017, it appears that the prayer of the petitioner for transfer of the said Sessions Case from the court of the Ld. 2 Additional Sessions Judge, Mekhliganj was allowed and the said case was transferred to the court of the Learned Sessions Judge, Jalpaiguri for conducting the trial.
From the copy of the order dated 18th February, 2019 passed by the Hon'ble Supreme Court in Criminal Appeal No. 289 of 2019 arising out of SLP(CRL) No. 1874 of 2018, it appears that the Hon'ble Apex Court was pleased to set aside the impugned order regarding the transfer of the said Sessions Case to the court of Learned Sessions Judge, Jalpaiguri from the court of Learned Additional Sessions Judge, Mekhliganj on the ground that no notice was served upon the opposite party and remanded back the matter to the High Court for a fresh decision on the issue of transfer in accordance with law after hearing the accused.
Petitioner has filed application being CRAN 1175 of 2019 praying for appropriate order in terms of the order passed by the Hon'ble Supreme Court.
In this connection, the petitioner is directed to serve the copies of the main application as well as application being CRAN 1175 of 2019 along with all annexures to the opposite party nos. 2 to 5 by speed post with acknowledgement due within two weeks from today and to file affidavit of service. 3
Learned advocate appearing for the State is requested to see that the copies of the main application as well as the application that is CRAN 1175 of 2019 along with all the annexed documents be served upon the opposite party nos. 2 to 5 through the State machinery also.
Let the matter appear in the list after four weeks under the heading "Application".
( Madhumati Mitra, J. )