Sudipta Kumar Roy v. State Of West Bengal

C.R.R.1515 of 2023 D/L41 14.09.2023 Bpg.

In Re: An application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973;

Sudipta Kumar Roy

Versus

The State of West Bengal Mr. Aditya Mondal Ms. Sompurna Chatterjee.

...for the petitioner.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Anwar Hossain, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

The fact of the case reflects that the complainant happens to be a Judicial Officer who was purportedly threatened for being falsely implicated in NDPS case while he was discharging his duty in respect of political leader who was being produced before the said court. The Investigating Agency in course of investigation found the present petitioner is involved in the said offence. Consequently, charge-sheet was submitted and supplementary charge-sheet was also submitted.

The petitioner happens to be a lawyer who has been implicated in the present case. A plea has been taken that nobody is willing to appear on his behalf in the court at Asansol. Petitioner has prayed for transfer on the said ground to a court within the

jurisdiction of CJM, Purba Bardhaman.

Having regard to the calculated steps taken by the petitioner for transferring the case to a court where he is a regular practitioner itself reflects a mala fide design to frustrate the proceeding in which a Judicial Officer was threatened. The ground so assigned in the transfer application do not inspire this Court to consider the prayer advanced at this stage. As such, the transfer application under Section 407 of the Cr.P.C. at this stage being CRR 1515 of 2023 is dismissed.

Pending application, if any, is consequently dismissed. 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.)