Calcutta High CourtCRR/3534/2024disposed

Manika Halder And Another v. Kaushik Das

2025-02-28Hon'Ble Justice Suvra Ghosh2 pages

28.02.2025 jb.

jdt.

C.R.R. 3534 of 2024 (CRAN 1 of 2025) Re: Manika Halder & Anr.

Mr. Tanmay Basu ... For the Petitioners By consent of the parties the revisional application is taken up for consideration along with CRAN 1 of 2025.

The petitioners seek transfer of A/C 3233/2023 pending before the learned Judicial Magistrate, 4th Court, Alipore, South 24 Parganas to the Court of the learned Chief Judicial Magistrate, Calcutta on the ground that the opposite party is a member of the Alipore Bar Association. The petitioners apprehend that they shall not get justice before the Alipore Court since the opposite party may influence the local bar leading to a biased approach towards their case by the learned advocates of the Bar.

The opposite party denies and disputes the allegations made by the petitioners.

Be that as it may, since the opposite party is admittedly a member of the local bar and a practising advocate of the Alipore Court, the case be transferred to the Court of the learned Chief Judicial Magistrate, Calcutta to ensure free and fair trial as well as appropriate representation of the petitioners before the learned Court. The opposite party has no objection if the matter is transferred to the Court of the learned Chief Judicial Magistrate, Calcutta. In view of the above, A/C 3233/2023 pending before the learned Judicial Magistrate, 4th Court, Alipore, South 24 Parganas be

transferred to the learned Chief Judicial Magistrate, Calcutta for disposal.

Learned Judicial Magistrate, 4th Court, Alipore is directed to transmit the case records to the learned Chief Judicial Magistrate, Calcutta within two weeks from the date of communication of this order. Learned Chief Judicial Magistrate shall either deal with the case himself or assign the same to any other learned Judicial Magistrate within his jurisdiction for disposal.

CRR 3534 of 2024 is disposed of.

As a consequence CRAN 1 of 2025 is disposed of. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance of requisite formalities. (Suvra Ghosh, J.)