Ct. No. 30
C. R. R. 1118 OF 2018
C.R.A.N. 1465 of 2019
– 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.)