Mou Chakraborty v. State Of West Bengal And ANR

12.06.2025 SL No.115 Court No.22 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 3971 of 2024 Mou Chakraborty

Versus

The State of West Bengal & Ors.

Ms. Bina Baidya Mr. Atanu Chakraborty ...for the Petitioner Mr. Suman De Mr. Prakash Mishra ...for the State

1. Learned counsel appearing on behalf of the State has submitted a report of the Officer-in-Charge, Jadavpur Police Station showing the address of the chargesheeted witnesses. The same be kept with the record.

2. Affidavit of service filed by the petitioner is taken on record. It appears that the notice of the revisional application was served upon the opposite party Nos. 3 and 4 being mother-in-law and brother-in-law of the petitioner/defato-complainant.

3. This revisional application has been filed under Section 407 read with Section 482 of the Code of Criminal Procedure (528 of BNSS) with a prayer for transfer of one case being ACGR Case No. 1221 of 2013 arising out of Jadavpur Police Station Case No. 90 of 2013 dated 19.02.2013 under Sections 898A/406/506/114 of the Indian Penal Code.

4. Learned counsel appearing on behalf of the petitioner has submitted that the FIR was lodged by the petitioner/defactocomplainant to the Jadavpur Police Station after she was driven out from her matrimonial home with her minor child on 17.02.2013, situated within the jurisdiction of Jadavpur Police Station and thereafter she took shelter at her paternal home at Serampore, Hooghly. It is further submitted that the petitioner also filed one application under Section 125 of the Code of Criminal Procedure (144 of BNSS) claiming maintenance from the opposite party No.2/husband which is presently pending before the learned Judicial Magistrate, 5th Court, Serampore.

5. It has been further submitted on behalf of the petitioner that her minor daughter aged about 12 years is residing with her mother/petitioner as well as three of the witnesses who are also resident of Serampore.

6. I have gone through the revisional application very carefully and also the documents, viz., FIR, seizure list as well as the chargesheet. From there I find that this Court should invoke the provision of Section 407(c) of the Code of Criminal Procedure (447 of BNSS) for transferring the case from the Court of learned Judicial Magistrate, 7th Court, Alipore to the Court of learned Additional Chief Judicial Magistrate, Srerampore, Hooghly for securing the ends of justice.

7. In the aforesaid view of the matter, the revisional application stands allowed with a direction for transfer of the case being ACGR Case No. 1221 of 2013 corresponding to Jadavpur Police Station Case No. 90 of 2013 dated 19.02.2013 to the Court of learned

Additional Chief Judicial Magistrate, Srerampore, Hooghly for disposal.

8. Department is directed to communicate a copy of this order to the learned Chief Judicial Magistrate, Alipore for compliance.

9. Petitioner is also at liberty to communicate this order accordingly.

10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

11. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all requisite formalities. (Bibhas Ranjan De, J.)