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Shibupada Saha And Ors.-vs-State Of West Bengal And Anr. on 10 May, 2005

Calcutta High Court Shibupada Saha And Ors.-vs-State Of West Bengal And Anr. on 10 May, 2005
Equivalent citations:2005 (4) CHN 754
Author: S K Gupta
Bench: S K Gupta

JUDGMENT

Sadhan Kumar Gupta, J.

1. This hearing arises out of an application filed under Section 407 of the Cr. PC praying for transfer of the G.R. Case No. 927/95 pending before the learned SDJM, Raiganj arising out of Kaliyaganj P.S. Case No. 143/95 dated 28.11.1995 under Section 498A of the IPC. The case of the petitioners is that on the basis of an application filed under Section 156(3) by the opposite party No. 2, a case under Section 498A was started against the petitioners. It has been alleged in the said petition that opposite party No. 2 was tortured over the demand of dowry by the petitioners. There is further allegation to the effect that the opposite party No. 2/wife was subjected to torture on various other flimsy grounds. The petitioners have claimed that although allegations are false and has got no basis at all, after conclusion of the investigation, chargesheet was submitted against the petitioners, who have been enlarged on bail. However, the petitioner No. 3 was permitted to be represented under Section 205 of the Cr. PC. According to the petitioner No. 1, he is a businessman of Jalpaiguri area and as such it is difficult for him to attend the Court in Raiganj. That apart it has further been stated that the petitioner No. 2 is suffering from various ailments. The petitioner No. 3 is aged about 78 years and is suffering due to old age diseases. The petitioner No. 4 is a minor girl and due to the continuance of the criminal case, she is facing much difficulty in her studies. That apart, the petitioners have alleged that whenever they went to attend the Raiganj Court in connection with the said case, the relatives and friends of the opposite party No. 2 intimated the petitioners and physically assaulted them. They have also received threats from them. Due to all these things, the petitioners have claimed that it will be in the interest of justice that the case in question should be transferred from Raiganj Court and should be transferred to Alipurduar Court. It is also the case of the petitioners that a civil suit praying for divorce is also pending against the opposite party No. 2 in the Alipurduar Court.

2. Learned Advocate for the opposite party No. 2, at the time of hearing raised serious objection. According to him, it is not a fit case where the petitioner’s prayer for transfer of the case should be allowed.

3. I have heard the submissions of the learned Advocates for both the sides. I have already pointed out that this application has been filed praying for transfer of the criminal case from Raiganj Court to Alipurduar Court. But, whenever a case is to be transferred, there must be some cogent reasons for that. The petitioners have claimed that they are facing much difficulties to attend Raiganj Court from their place of residence. But this claim has not been substantiated by the petitioners by producing any document whatsoever to show the actual distance of the Raiganj Court and Alipurduar Court from their place of residence. Moreover, simply because a Court is situated at a distance, that cannot be a ground for transfer of a criminal case from that Court.

4. Apart from that the petitioners have claimed that the relatives and friends of the opposite party No. 2 threatened them and also assaulted them when they went to attend the Raiganj Court. But no paper whatsoever has been produced by the petitioners in support of this contention. There is no G. D. entry in respect of this allegation, as made by the petitioners against the opposite party No. 2. So, I cannot take into my consideration this allegation, as made in this petition.

5. Therefore, considering all these things, I am of opinion that the petitioners have failed to establish that there are grounds for transferring the case from Raigan Court to Alipurduar Court. So, I find no reason to allow such a prayer of transfer of the case, as made by the petitioners. Due to all these reasons, I am of opinion that there is no merit in the application and so the same is dismissed without any cost.

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