5 07.02.2019 C.R.R. 1238 of 2017
SB Court 33
Dr. Swapan Kumar Roy
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
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.
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.)