CRIMINAL APPEAL 447 of 2013 on 2 September 2013

07-03-2022IN THE HIGH COURT AT CALCUTTA SubhaCriminal Revisional JurisdictionItem-07 Ct -.34C.R.R 3552 of 2017Item-07 Ct -.34C.R.R 3552 of 2017

C.R.R 3552 of 2017

In Re: An application under Section 407 read with Section 482 of theCode of Criminal Procedure, 1973 filed in connection with G. R. Case No.447 of 2013 arising out of Haldibari P. S. Case No. 181 of 2013 dated02.09.2013 under Sections 440/326A/34 of the Indian Penal Code.

In the matter of : Mala Roy

…Petitioner.

Mr. Tapan Dutta Gupta

Mr. Sandipan Pal

……for the Petitioner.

Mr. Swapan Banerjee, ld. APP,

Mr. Suman De

..for the State.

Affidavit of service so filed by the petitioners be kept withthe record.

Mr. Banerjee, learned advocate appearing on behalf theState draws the attention of this court to the order passed inCriminal Appeal No. 289 of 2019 wherein the order passed on05.12.2017 in CRR 3552 of 2017 was set aside. The petitioner isinsisting on transfer of the case from the learned AdditionalSessions Judge, Mekhliganj to the learned Sessions Judge,Jalpaiguri.

The main thrust of the contention of the petitioner is thatthe court at Jalpaiguri is situated within a distance of 25 km fromthe residence of the petitioner, whereas the court at Mekhliganj is situated almost 100 km away from the residence of the presentpetitioner.

It is further contended that most of the witnesses are staying near the court at Jalpaiguri.

Having regard to the reasons so assigned for transferringthe case by the petitioner, I am of the view that it is theadministrative decision, which has created the divisions of courtaccording to the districts.

The cause of action arose within the jurisdiction of theconcerned court at Mekhliganj. If a jurisdiction has been rightlyinvoked merely because of convenience of the parties, a case cannotbe transferred to a nearby jurisdiction until and unless exceptionalcircumstances are made out.

I am of the opinion that the present case does not makeout any exceptional circumstances for being transferred from thecourt of the learned Additional Judge, Mekhliganj to the court ofthe learned Sessions Judge, Jalpaiguri.

Accordingly, no interference is called for. If the records ofthe case have been transmitted to the court of the learned SessionsJudge at Jalpaiguri, steps must be immediately taken to re-transferthe records to the jurisdictional court at Mekhliganj.

Accordingly, learned Registrar (Judicial), High Court,Calcutta is directed to intimate this order to both the courts so thatwithin a period of a fortnight, the records of the case are availablebefore the learned Additional Sessions Judge, Mekhliganj.

The petitioner would be at liberty to raise all the pointsrelated to the materials of the case and her entitlement before thelearned Additional Sessions Judge, Mekhliganj So far as the transfer of the case concerned, the transfer isnot acceded to and accordingly, the main revisional applicationbeing CRR 3557 of 2017 is dismissed.

All pending applications, if any, in connection with therevisional application, are consequently disposed of.

Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a website copyof this order duly downloaded from the official website of this court.

( Tirthankar Ghosh, J. )