← Library
Calcutta High CourtCRR/52/2024disposed

Sudeshna Bhattacharya v. State Of West Bengal And ANR

2024-04-03Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.52 of 2024 D/L10 03.04.2024 Bpg.

In Re: An application under Section 407 of the Code of Criminal Procedure;

Smt. Sudeshna Bhattacharya

Versus

The State of West Bengal and another Mr. Debabrata Ray Mr. Tapan Kumar Jana Ms. Sarbani Mukhopadhyay Mr. Soumik Mondal.

...for the petitioner.

Mr. Suranjan Mandal.

...for the opposite party no.2.

Affidavit of service so filed by the petitioner be kept with the record.

Learned advocate for the petitioner as well as the private opposite party no.2 is present.

Petitioner has prayed for transfer of C.R. Case No.176 of 2018 which is pending before the learned Judicial Magistrate, 5th Court, Hooghly (Sadar), Chinsurah to any court within the jurisdiction of learned ACJM, Baruipur. It has been additionally submitted that all the cases between the parties are pending at Baruipur.

On the other hand, learned advocate appearing for the opposite party no.2, namely, Prabir Bhattacharya submits that it would be convenient if the proceedings are transferred within the compound of learned CJM, Alipore.

Having regard to the nature and gravity of the case, the issues canvassed and the consensus arrived at between the parties, the present case being C.R.176 of 2018 which is pending before the learned Judicial Magistrate, 5th Court, Hooghly (Sadar), Chinsurah be transferred to the court of learned CJM, Alipore. Learned CJM, Alipore would either deal with the proceedings of C.R.176 of 2018 himself or delegate/transfer the same to any Magistrate within his jurisdiction.

With the aforesaid observations, CRR 52 of 2024 is partly allowed.

Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)