Rita Chatterjee v. State Of West Bengal & ANR
18.09.2020 Sl. No. 60 Srimanta/Mithun IA No: CRAN/1/2020 (Old No.: CRAN/3223/2020) in CRR No.414/2020 (Via Video Conference) In Re: An application for transfer the G.R. Case No.04 of 2008 arising out of F.I.R. Purbasthali Police Station under Sections 498A/406 of the Indian Penal Code dated 07.01.2008 against Prasanta Kumar Chatterjee, husband & Ors. from Non Jurisdiction Court to Jurisdiction Court, i.e. from Katwa Sub Division Court to Kalna Sub Division Court.
And In the matter of : Rita Chatterjee.
... Petitioner.
Mr. Rameshwar Sinha, Adv., ... for the Petitioner.
Mr. Anirban Dey, Adv.
...for the Opposite Party.
Mr. Saibal Bapuli, A.P.P., Mr. Arijit Ganguly, Adv.
Mr.Sanjib Kumar Das, Adv.
... for the State The instant revisional application is filed by the wife/petitioner in connection with Purbasthali Police Station Case No.406 I.P.C. praying for transferring the said case which after filing of charge sheet has been registered as G.R. Case No.04 of 2008 from the territorial jurisdiction of Katwa Sub Divisional Court to the territorial jurisdiction of Kalna Sub
Divisional Court as police station - Purbasthali is within the jurisdiction of Kalna Sub Division.
Learned Advocate for the opposite party has also agreed that the said police station is within the jurisdiction of Kalna Sub Division and charge sheet ought to have been filed before the learned A.C.J.M., Kalna but it is wrongly filed before the learned A.C.J.M., Katwa. Learned Advocate for the State of West Bengal has raised no objection on the ground that the Court of the learned A.C.J.M., Kalna has the territorial jurisdiction to try the case.
In view of such circumstances, the instant revision is allowed on contest. G.R. Case No.04 of 2008 now pending before the learned A.C.J.M., Katwa be transferred to the Court of the learned A.C.J.M., Kalna.
Let a copy of this order be sent to the learned A.C.J.M., Kalna and Katwa for information and compliance through the department.
( Bibek Chaudhuri, J. )