Mosammat Taimina Bibi v. Mahasin Mondal & ORS

23.09.2021 Sl. No. 4 Court No.29 S.A.

CRR 183 of 2010 In the matter of: Mosammat Taimina Bibi ...petitioner Mr. Rana Mukherjee, Ld. A.P.P.

Mr. Pravas Bhattacharya ... ... for the State The Criminal Revision is listed today for hearing. On perusal of the record, it appears that affidavit of service of notice has been filed.

On call none appears for the petitioner and O.P. No.1 to 7. O.P. No.8/State of West Bengal is represented by Mr. Rana Mukherjee, learned A.P.P. accompanied by Mr. P. Bhattacharya, learned advocate.

The Criminal Revision under Section 407 and 482 of the Code of Criminal procedure has been filed praying for transfer of Sessions Trial Case No. 57 of 2008 pending before learned Additional Sessions Judge, Fast Track 4th Court, Paschim Medinipur to the court of learned Sessions Judge, Purba Medinipur or any other competent court at Purba Medinipur.

The contention of the revisionist is that seven out of eleven witnesses cited in the case including the petitioner reside at village Mahammadpur within P.S. Panskura in the District of Purba Medinipur and the rest of the witnesses are of Uttar Simla within P.S. Kharagpur in the District Paschim Medinipur.

It has been urged that opposite party no.1 to 7 are local residents of Paschim Medinipur and she apprehended that they will intimated the witnesses at the time of attending the court for the purpose of giving evidence and they have started threatening the witnesses. On such ground, the petitioner prayed for transfer of the case from court in scisin to any other competent court within the District of Purba Medinipur.

The petitioner is not represented and has made out no case in respect of her contention. Learned A.P.P. submits that the case was stayed only for eight weeks and there has been no further extension of the order of stay dated 19.05.2010.

Considered the submissions of learned A.P.P., perused the application for revision as well as the orders passed in Sessions Trial No.57 of 2008. It appears from the last order available that evidence of the case did not commence till then. The Court in scisin is competent to dispose of the matter in accordance with law and the petitioner has failed to make out any case in support of her apprehension that the opposite party men are inclined to intimated the witnesses in course of trial.

The allegations made are unfounded and the Criminal Revision is dismissed.

Let a copy of this order be transmitted to the court of learned District & Sessions Judge, F.T.C., Paschim Medinipur. (Ananda Kumar Mukherjee, J.)