Pratul Biswas v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 06-07-2022 Subha Item no.38 Ct no.34 CRR 611 of 2008 Sri Pratul Biswas -versusThe State of West Bengal & Anr.

Mr. Sandip Chakrborty ...for the State.

The revisional application relates to transfer of the proceedings from the learned Additional Chief Judicial Magistrate, Durgapur, Burdwan to the court of the learned Judicial Magistrate, 1st Class, Burdwan.

The parties earlier approached the learned Sessions Judge, Burdwan wherein the learned District and Sessions Judge, Burdwan was pleased to withdraw the case from the learned Additional Chief Judicial Magistrate, Durgpur and transfer the same to the learned Chief Judicial Magistrate, Burdwan for disposal. Being aggrieved, the petitioner approached this court. Records of this revisional application reflect that lastly on 06.08.2008 the interim order was extended for a period of eight weeks. No information has been furnished before this court regarding the present stage of the proceedings.

As none appears on behalf of the State, Mr. Sandip Chakraborty, learned advocate, who ordinarily appears on behalf of the State is directed to represent the State. His appointment may be

regularized by the concerned authorities in due course. The contention of the petitioner in the present revisional application relate to the case under Section 125 of the Code of Criminal Procedure and the main thrust is that since Durgapur P.S. Case No. 376 dated 25-12-2005 under Sections 498A/323/307 of the Indian Penal Code was transferred to the learned Chief Judicial Magistrate, Burdwan, the present case also should be transferred. I have considered the reasons, which have been addressed in the revisional application. However, almost 14 years have passed in the meantime and this court has not been apprised regarding the stage of the proceedings.

Having regard to the same, I am of the opinion that no interference is called for in respect of the revisional applications being CRR 611 of 2008.

Accordingly, the revisional applications being CRR 611 of 2008 is disposed of.

Re : CRR 3768 of 2007 As records of the CRR 3768 of 2007 are not available, the same would be considered separately. List the revisional application being CRR 3768 of 2007 on 8th July, 2022 under the heading "For Hearing".

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]