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Dr. Swapan Kumar Roy vs The State Of West Bengal & Anr on 7 February, 2019

1

5 07.02.2019 C.R.R. 1238 of 2017
SB Court 33

Dr. Swapan Kumar Roy
Vs.
The State of West Bengal Anr.

Mr. Saryati Dutta
….. For the State

None appears on behalf of the petitioner on call.

In this revisional application the petitioner being the husband of

opposite party no. 2 has sought for transfer of case being G.R. No.

4140 of 2012 arising out of Barasat Police Station Case No. 1754 of

2012 now pending in the Court of learned 2nd Judicial Magistrate at

Barasat, 24 Parganas to any Court of learned Judicial Magistrate at

Baruipur or Alipore Court in the district of 24 Parganas (South).

The contention of the petitioner is that the petitioner is an accused

in the said case which was initiated by his wife opposite party no. 2 for

the alleged offence under sections 498A and 307 of the Indian Penal

Code. But after investigation, charge sheet was submitted under

section 498A of the Indian Penal Code only. The ground taken by the

petitioner for transfer of the case is that admittedly the petitioner and

the respondent no. 2 are living at Joynagar in the district of 24

Parganas (South). Though the respondent no. 2 is living at Joynagar,

South 24 Parganas but she has filed a criminal case at Barasat Court,

24 Parganas (North). It is also a fact stated that they are living under

the same roof of the building. Accordingly, the transfer has been

sought for.

I have called upon the learned Judicial Magistrate 2nd Court,

Barasat being the trial court to submit the status report in respect of the

said case and such report has been forwarded by the learned Registrar

(Administration-I) on 15.01.2019 which reflects that complainant was

examined as P.W. 2 but evidence were deferred to the next date i.e. on

20.05.2019 for further evidence of the complaint. It signifies that P.W. 1

has already been examined after his cross-examination was declined.
2

Therefore, the trial of the case is in the midst of hearing and it would

not be justified to transfer the case beyond the knowledge of the

complainant who is not at all aggrieved for the reason that she has to

attend the Court at Barasat from Joynagar, the Court where the trial is

being held at Barasat may not be far from Joynagar in South 24

Parganas and for the reason that convenience of the petitioner cannot

consider to the transfer on the grounds as given by the petitioner.

Hence this revisional application is dismissed with a direction to

the learned trial court to hold trial as expeditiously as possible without

granting any unnecessary adjournment to any of the parties. A copy of

this order be sent to the learned trial court forthwith.

(Shivakant Prasad, J.)

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