Uma Biswas v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 05-09-2023 Item no.117 Subrata Bhattacharyya CRR No.3053 of 2022 Uma Biswas -vsThe State of West Bengal & Ors.

None ...for the petitioner The revisional application has been preferred for transfer of a case being G.R. Case No.1097 of 2019 from the court of the learned ACJM, Durgapur, Paschim Bardhaman to the court of learned ACJM, Barrackpore, North 24 Parganas.

The contention of the petitioner is that the she subsequently started residing at Barrackpore and for the purpose of the present case, she has to travel about 4/5 hours to reach to Durgapur.

Having regard to the contention which has been taken by the petitioner, I am of the opinion that if the jurisdiction of a criminal court is correctly/properly invoked, then the same cannot be transferred on the grounds of mere inconvenience of a particular party, morefully when in a criminal case the petitioner being only a witness who has set the criminal case in motion and who is not required to be regularly present for persuasion of the criminal case.

Having regard to the same, I am not inclined to transfer the proceedings. However, the petitioner is at liberty to approach this court at a subsequent stage.

Accordingly, CRR No.3053 of 2022 stands dismissed. Pending application, if any, stands disposed of.

Parties are to act on the server copy of this order duly downloaded from the official website of this court.

Certified copy of this order, if applied for, shall be made available to the parties.

[Tirthankar Ghosh, J]