Probal Dutta Gupta v. State Of West Bengal And ANR

02.02.2024 Item no. 8 Ct.34 PG C.R.R 211 of 2024 Probal Dutta Gupta Vs.

The State of West Bengal & Anr.

Mr. Souma Subhra Roy Mr. Arijit Roy Mr. Pradip Hari.......................for the petitioner Petitioner has prayed for transfer of Raiganj Women Police Station Case No. 25 of 2023 dated 11.02.2023. According to the learned advocate for the petitioner, the private opposite party no. 2 is presently staying in the district of North 24-Parganas and the petitioner is also residing within the jurisdiction of the said district. As such, the case being Raiganj Women Police Station Case No. 25 of 2023 dated 11.02.2023 be transferred from the learned Chief Judicial Magistrate, Raiganj to learned Chief Judicial Magistrate, Barasat.

Records reflect that the charge-sheet was filed at Uttar Dinajpur. Most of the witnesses are from the district of Uttar Dinajpur.

Having considered the same, I am of the view that the grounds so assigned are not acceptable to this Court as the Court having jurisdiction is already in seisin of the matter and if the de-facto complainant has invoked the jurisdiction of a particular police station, then unless and until there are gross irregularities, it would not be fit and proper to transfer the case as it is not the

petitioner and the opposite party who are involved but there are witnesses of the district including the investigating officer of the case, who have also stake so far as the present case is concerned. In view of the aforesaid, no interference is made. With the aforesaid observations, C.R.R. 211 of 2024 is disposed of.

All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)