V. Rajan v. The State

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CRR/21/2022 V.Rajan ... Petitioner Vs.

The State ... Respondents Mr. Rakesh Pal Gobind ... for the petitioner Mr. Sumit Karmakar ... for the State September 20, 2022 [AKB] Item No.10 In this petition the petitioner has prayed for setting aside and/or quashing the order dated 24th June, 2022 passed in Criminal Misc. Case No 7 of 2022 by the Learned Sessions Judge, Port Blair in Re: V. Rajan Vs. The State. The learned advocate for the petitioner also says that though no prayer has been made for transfer of the case due to inadvertence but his client actually wants transfer of the case from Nicobar Islands to Port Blair in Andaman. Even though no prayer has been specifically made in the application for transfer of the case, yet on the basis of the statements made in the application the learned advocate has sought for the transfer.

The petitioner relies upon the provisions of Section 407 of Code of Criminal Procedure, 1973 in support of his transfer. Though there is no specific prayer for transfer but after hearing the parties and considering the materials on record I am neither inclined to grant a stay of the order dated 24th June, 2022 passed by Learned Sessions Judge nor to set aside the same. I also find no reasons for the transfer of the case as pleaded by the petitioner in the body of the application. Since I am not satisfied with the grounds pleaded for transfer I am also not inclined to grant leave to the petitioner to amend the prayer to incorporate therein the specific prayer for transfer.

This revisional application is thus dismissed, however, without any order as to costs.

(Arindam Mukherjee, J.)