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Sinchan Sarkar vs The State Of West Bengal & Anr on 13 June, 2019

13.06.19 06
Ct. No. 30

C. R. R. 1118 OF 2018
C.R.A.N. 1465 of 2019

Sinchan Sarkar.

– vs –

The State of West Bengal Anr.

Mr. Kazi M. Rahman,
Mr. Swapan Mallick
Ms. Ishita Biswas
… for the petitioner.

Mr. K. Biswas,
Mr. D.K. Ash
… for the opposite party No. 2

Mr. Saswata Gopal Mukherjee, Ld. P.P.

Ms. Faria Hossain
… for the State

By the instant application the petitioner has sought for transfer of G.R. Case No. 305

of 2017 arising out of Tufanganj P.S. Case No. 231 of 2017 dated 31.05.2017 under Section

498A I.P.C. from the court of Additional Chief Judicial Magistrate, Tufanganj, Cooch Behar

to the court of Chief Judicial Magistrate, Malda.

Learned counsel for the petitioner submits that the petitioner is a W.B.C.S. officer

presently posted at Manikchak, Malda as a Revenue Officer and residing in Malda. Further

submission is that the opposite party no. 2 who is the defacto complainant also resides

presently in Malda where she works as a school teacher. It is also canvassed that some of the

witnesses cited in the charge sheet are also residents of Malda. So, for the convenience of the

parties the case may be transferred to the court of the Chief Judicial Magistrate, Malda.

Learned counsel for the opposite party No. 1/State as well as opposite party No.

2/defacto complainant opposed the prayer for transfer of the case. It is submitted that the

opposite party No. 2 will not be inconvenienced in any manner if the case remains in the

court of Tufanganj. Learned counsel for the opposite party No. 2 further submitted that the

father and brother of the petitioner are practicing advocates of Malda Court and the

petitioner is holding an influential position in Malda so the transfer of the case to Malda

Court may be prejudicial to the interest of the opposite party No. 2.

It appears that the petitioner has not assigned any cogent reason for transfer of the

case from Tufanganj court in the district of Cooch Behar to the court in Malda. Trial has

already commenced. There being no convincing ground for transfer of the case, I am not

inclined to allow the application.

Application being C.R.R. 1118 of 2018 is thus dismissed.

Application being C.R.A.N 1465 of 2019 is accordingly dismissed.

Urgent photostat certified copy of this order, if applied for, be given to the applicant

upon compliance of requisite formalities.

( Asha Arora, J.)


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