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Calcutta High CourtCRR/1196/2017dismissed

Shyamal Paul & ORS v. Aafija Bibi

2022-04-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.36 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1196 of 2017 Shyamal Paul & Ors.

versus Aafija Bibi In Re: An Application under Section 482 read with Section 483 of the Code of Criminal Procedure.

None appears for the petitioners.

No accommodation has been sought for.

The present revisional application has been preferred for transfer of C.R. Case No. 211 of 2016 from the court of the learned Judicial Magistrate, 2nd Court, Kalna to the court of learned Judicial Magistrate, Alipore.

The case which has been initiated is on the foundational facts where the court at Kalna has jurisdiction to adjudicate the proceedings. Therefore, there is no reason to transfer the case until and unless exceptional circumstances are presented before this Court. The contentions advanced in the application before this Court are apprehensions of the petitioners which cannot be a ground for transfer. As such, I do not find any reason to interfere with the prayers as sought for.

Accordingly, the revisional application being CRR 1196 of 2017 is dismissed.

All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)