Prasenjit Saha v. State Of West Bengal

27.07.

CRR 1585 of 2021 Ct (Assigned) Shri Prasenjit Saha rup

Versus

State of West Bengal Mr. Aniket Mitra ... for the petitioner. Mr. Saswata Gopal Mukherjee, Ld P.P Ms. Sujata Das. ... for the State. This revisional application has been filed challenging the order dated 31st March, 2021 in connection with G.R. Case No. 2687 of 2014 passed by the learned Chief Judicial Magistrate, Hooghly, whereby learned Magistrate disallowed the prayer for transfer of learned APP and GRO by successive applications at the instance of the de-facto complainant.

Mr. Aniket Mitra, learned advocate appearing on behalf of the petitioner/de-facto complainant has submitted that learned APP as well as GRO are not cooperating with the de-facto complainant in spite of perfunctory investigation and submission of chargesheet there on.

Ms. Sujata Das, learned advocate appearing on behalf of the State supported the order, contending, inter alia, that the prayer before the learned Chief Judicial Magistrate, Hooghly was rightly dealt with the

applications as there was no jurisdiction of learned Magistrate to transfer either learned APP or concerned GRO.

I am in full agreement with the learned advocate appearing on behalf of the State with regard to the jurisdiction of the learned Magistrate in dealing with transfer of learned APP or GRO.

In the aforesaid view of the matter, I do not find any illegality or infirmity in the order impugned. Thus, the instant revisional application is liable to be dismissed.

However, petitioner is at liberty to raise all the questions regarding investigation at the time of hearing of Naraji Petition which is pending before the learned Chief Judicial Magistrate, Hooghly, for disposal.

With the aforesaid observation, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

All parties to this revisional application shall act on the server copy of this order downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)