Kuntal Panda v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 04-01-2023 Subha Item no.25 Ct no.34 CRR 594 of 2021 With CRAN 2 of 2021 Kuntal Panda.

-versus- State of West Bengal & Anr.

Re : An application under Article 227 of the Constitution of India read with Section 407 of the Code of Criminal Procedure.

Ms. Faria Hossain Ms. Manisha Sharma ...for the State.

The revisional application has been preferred for transfer of Misc. Case No. 68 of 2020 which was pending before the learned Judicial Magistrate, Purulia to any court within the jurisdiction of learned Chief Judicial Magistrate, Barasat, North 24 Parganas. I find that the application under Section 12 of the P.W.D.V Act was filed in the year 2020. The present revisional application was preferred in the year 2021. There was a direction for service and an interim order till 30th March, 2021. The said interim order was extended subsequently till 15th May, 2021. However, there was no interim order thereafter and on 20.07.2022, a co-ordinate Bench of this Court was pleased to adjourn the matter for accommodating the petitioner.

I have considered the contentions advanced before this court. The jurisdiction has been rightly invoked by the petitioner. The issues

for transfer which have been raised are in respect of convenience of the parties. Convenience of the parties cannot give right to create a jurisdiction. Accordingly, I do not find any reason to interfere and/or consider the prayers advanced in the present revisional application. Thus, the revisional application being CRR 594 of 2021 is dismissed.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]