Bandana Bhakat (Gupta) @ Bandana Bhakat v. State Of West Bengal And ANR
C.R.R.1289 of 2023 D/L13 08.03.2024 Bpg.
In Re: An application under Section 407 read with Section 482 of the Code of Criminal Procedure;
Bandana Bhakat (Gupta) Bandana Bhakat
Versus
The State of West Bengal and another Mr. Sandipan Maity.
...for the petitioner.
Ms. Sujata Das.
...for the State.
The revisional application has been preferred for transfer of Berhampore Police Station Case No.489 of 2019 pending before the learned Judicial Magistrate, 2nd Court, Berhampore, Murshidabad to the learned CJM, Hooghly.
I have considered the charge-sheet wherein I find that except the complainant, all the witnesses are of local jurisdiction. In case the case is transferred, the proceedings of the trial court would be jeopardized.
A report was called for. Report reflects that there is truth attached to the version which has been contended in the application for transfer. Let the report be kept with the record. However, having regard to the totality of the circumstances and the inconvenience which may be faced by rest of the witnesses at this stage I am not inclined to transfer the case. However, the Inspector-in-Charge of Berhampore Police Station on being informed 48 hours ahead of time will provide adequate protection of the present petitioner, namely, Bandana
Bhakat (Gupta) @ Bandana Bhakat when she enters the jurisdiction of Berhampore and proceeds to court. The concerned security personnel provided by the Inspector-in-Charge, Berhampore Police Station would also instruct the concerned security personnel to give a protection till she leaves Berhampore jurisdiction for availing the conveyance which would be convenient for her to return to her address. If in spite of the same any untoward incident happens and the lady lodges a complaint, in that case, the Inspector-in-Charge or the Officer-in-Charge would not deter from registering the case under Section 195 A of the Indian Penal Code. Let the trial of the case proceed expeditiously and be taken to its logical conclusion by the learned Judicial Magistrate, 2nd Court, Berhampore, Murshidabad.
With the aforesaid observations, CRR 1289 of 2023 is disposed of.
Pending connected application, if any, is consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)