Sanjay Mondal v. State Of West Bengal And ANR

C.R.R.3550 of 2023 D/L66 18.09.2023 Bpg.

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

Sanjay Mondal

Versus

The State of West Bengal and another Mr. Mohammad Khairul.

...for the petitioner.

Mr. Tanmay Kumar Ghosh Ms. Sujata Das.

...for the State.

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

The petitioner is accused of Bharatpur Police Station Case No.71 of 2021. He is afraid of going to the jurisdiction of the court at Murshidabad as he has on many occasions been threatened and manhandled as has been alleged. To that effect, the petitioner has lodged complaint but till date no steps have been taken. As such, petitioner has prayed for transfer of the case. Having regard to the charge-sheet which has been submitted wherein I find that the witnesses are not only from the district of Murshidabad but in and around Bharatpur Police Station, I am not inclined to transfer the case to any other jurisdiction. However, having regard to the security threat which the accused/petitioner has been facing as complained of, I direct that

when the petitioner enters for the purposes of the present case at Bharatpur, he may be provided with security on an application being made to the Inspector-in-Charge/Officer-in-Charge of Bharatpur Police Station.

The Inspector-in-Charge/Officer-inCharge, Bharatpur Police Station would ensure that the petitioner is not harassed/manhandled anywhere within the said jurisdiction when he attends for the purposes of the court proceedings pending before the learned ACJM, Kandi, Murshidabad.

With the aforesaid observations, CRR 3550 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. 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.)