Dr. Sukumar Mk Ghosh v. State Of West Bengal And ANR

C.R.R. No.2051 of 2021 D/L49 21.11.2022 Bpg.

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

Dr. Sukumar MK Ghosh

Versus

The State of West Bengal and another Mr. Raja Biswas, Mr. Abhijit Sarkar.

...for the petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan.

...for the State.

Report submitted by the State be kept with the record. The petitioner has prayed for transfer of the case from the learned Judicial Magistrate, 1st Court, Chanchal , Malda to any court within the jurisdiction of ACJM, Alipurduar. Learned advocate has submitted that the petitioner is an aged and handicapped person suffering from various ailments which is the sole cause praying for transfer of the proceedings. Mr. Arijit Ganguly, learned advocate, appears on behalf of the State and submits that the investigation of the case has been concluded and the date for consideration of charges are being postponed at the instance of the accused person which is pending since 2018 and the next date has been fixed in the year 2023. I have considered the nature of the allegations as also the fact that seven witnesses so cited in the charge-sheet all of them belong to Harischandrapur. Having regard to the fact that for a single individual the whole system is being jeopardized, I am of the

opinion that no case has been made out for transfer of the proceedings from Harishchandrapur, Malda to any court of learned ACJM, Alipurduar. Accordingly, no interference is called for. Thus, CRR 2051 of 2021 is disposed of.

The petitioner would be at liberty to pray for exemption, if so advised, before the jurisdictional court with proper undertakings. 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.)