Sima Das And Another v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 21-03-2024 Subha Item no. 96 Ct no.34 CRR 4656 of 2023 Sima Das and Anr.

-versus- The State of West Bengal Mr. Amajit De Ms. Shakshi Rathi ...for the petitioners.

Petitioners have prayed for transfer of Bakultala P. S Case No. 280 dated 02-11-2020. The only reason which has been assigned for transfer is the age of the petitioners who are residing within the District of Birbhum.

I have considered the list of witnesses and I find that the witnesses are all from 24 Parganas(S) within the jurisdiction of the sub-division of Baruipur.

Having regard to the reasons so assigned in the revisional application particularly regarding the age of the petitioners and the other issues relating to the mental illness of the minor grand daughter, I am not inclined to interfere on such issues as the whole process will be jeopardized if the case is transferred. Petitioners would be at liberty to apply under Section 205 of the Code of Criminal Procedure before the jurisdictional court with an undertaking to be represented by a lawyer who would represent them and on usual undertakings. The learned Magistrate will consider the same in accordance with law by imposing conditions as it deems fit and proper. No interference is made with

regard to the prayer for transfer as sought for by the petitioners. With the aforesaid observations, the revisional application being CRR 4656 of 2023 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]