Sk. Nurul Islam vs The State Of West Bengal & Ors
2023 Latest Caselaw 2238 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                             CRR 598 of 2022


                            Sk. Nurul Islam
                                  Vs.
                      The State of West Bengal & Ors.


Mr. Biswajit Manna
                 ..for the petitioner

Mr. Kalyan Kumar Chakraborty
Mr. K. Bhattacharya
                 ..for the Private Opposite Party

Mr. Madhusudan Sur, APP
Mr. Dipankar Paramanick
           ..for the State


Item No. 341


Heard & Judgment on:          03.04.2023


Bibek Chaudhuri, J.

The petitioner is the de facto complainant in connection with

Jangipur Police Station Case No. 215 of 2016 dated 1 st August, 2016.

It is submitted on behalf of the petitioner that on 1 st August, 2015 he

filed a written complaint before the Officer-in-charge of the concerned

P.S. On the basis of which the FIR Case No. 215 of 2016 dated 1 st

August, 2016 under Sections 341/325/307/34 of the Indian Penal

Code was registered. It is the further case of the de facto complainant

that within four days of filing of the said complaint the Investigating

Officer submitted charge sheet against four accused persons under

Sections 341/325/34 of the Indian Penal Code deleting the charge

under Section 307 of the Indian Penal Code. The petitioner filed a

'narazi' petition against the investigation and submission of charge

before the learned Additional Chief Judicial Magistrate at Serampore.

'Narazi' petition was allowed. Police authority was directed further to

carry investigation and subsequently charge sheet was filed under

Section 307 of the Indian Penal Code.

In view of submission of charge sheet under Section 307 of the

Indian Penal Code the de facto complainant/petitioner filed an

application under Section 437(5) of the Code of Criminal Procedure for

cancellation of bail granted to the accuse persons. On the basis of

previous charge sheet under Section 325 of the Indian Penal Code the

said petition was allowed. On the same day an application under

Section 439 of the Code of Criminal Procedure was filed before the

learned Additional Sessions Judge at Serampore and within very short

period of time bail was granted to the accused persons as the learned

P.P. did not raise any objection against the prayer for bail.

It is submitted by the petitioner that one Mr. Mohanlal Naru was

conducting advocate of the accused persons. In support of his

contention the learned advocate for the petitioner has filed the

certified copy of the Vokalatnama. On perusal of which it is found that

the said Mr. Mohanlal Naru was appointed as the advocate on behalf

of the accused persons/opposite parties.

It is further contended on behalf of the petitioner that the said

Mohanlal Naru has become the Chief Public Prosecutor attached to the

Serampore Sub-Divisional Court. Even if the said learned advocate

has been appointed as the Chief Public Prosecutor at Serampore

Court, he is practically conducting Jangipur P.S. Case No. 215 of 2016

corresponding to Sessions Case No. 9 of 2022. In such a manner

which may provide for an advantageous situation for the accused

persons. It is the grievance of the petitioner that the learned P.P. is

not working for the prosecution but for the accused persons.

I have carefully heard Mr. Manna, learned advocate for the

petitioner as well as Mr. Sur, learned P.P.-in-charge. On perusal of the

certified copy of the Vokalatnama it is frankly submitted by Mr. Sur

with all his fairness that the Chief Public Prosecutor previously

appeared and represented the accused persons. This is a fit case for

transfer.

In view of such circumstances, the instant revisional application

is disposed of transferring the Sessions Case No.9 of 2022 to the

Court of the learned Sessions Judge at Chinsura, Hooghly. The

learned Additional Sessions Judge, Serampore is directed to send the

record of Sessions Case No. 9 of 2022 to the Court of the learned

Sessions Judge, Chinsurah at Hooghly for trial and disposal.

The learned Public Prosecutor attached to the learned P.P.,

Sessions Judge at Hooghly, Chinsurah shall conduct the prosecution of

Sessions Case No. 9 of 2022.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)