Calcutta High Court (Appellete Side)
The State Of West Bengal vs Aptabuddin Molla @ Atabuddin on 24 January, 2023
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 3742 of 2022
The State of West Bengal
Vs.
Aptabuddin Molla @ Atabuddin
Mr. Sudip Ghosh
Mr. Saryati Datta
..for the Petitioner/State
Item No. 26
Heard & Judgment on: 24.01.2023
Bibek Chaudhuri, J.
This is an application under Section 407 of the Code of
Criminal Procedure filed by the prosecution praying for transfer
of Amdanga Police Station Case No.14 of 2019 corresponding to
Charge sheet No.204 of 2019 and Sessions Trial No.5 of 2021 to
the Court of the learned Additional Sessions Judge at Kalyani.
Simultaneous trial along with Haringhata P.S. Case No.13 of
2018 and Charge Sheet Nlo.128 of 2019 corresponding to S.C.
06(04) of 2019 pending before the learned Additional Sessions
Judge at Kalyani.
Brief fact of the case is that marriage of the opposite party
was held under Mohammedan law with the daughter of the de
facto complainant. After marriage there was matrimonial
discord which led her to return to her paternal home. After
some days the husband/opposite party went to her paternal
home and bring back her wife. Thereafter, the father of the
victim did not get any information about her daughter. He went
to her matrimonial home. He heard from the matrimonial
relations that the opposite party and his wife never returned to
their house and they have been residing elsewhere not known to
the said matrimonial relations. On the basis of a complaint
submitted by the father of the victim Amdanga P.S. Case No.14
of 2019 under Sections 498A/464/120B/346/368/509 of the
Indian Penal Code was registered. On completion of
investigation police submitted charge sheet and the said case is
now pending before the learned Additional Sessions Judge, 5 th
Court at Barasat. In the interregnum a dead body of a lady was
found floating on a local pond within Haringhata P.S. Police
attached to Haringhata P.S. recovered the said dead body and
an unnatural death case was registered on the complaint of one
Taher Mondal. Subsequently, the dead body was found to be the
corpus of the wife of the opposite party. Therefore, a specific
case under Section 302 of the Indian Penal Code was registered
against the opposite party. The said case is pending before the
learned Additional Sessions Judge at Kalyani and the
accused/opposite party is facing trial.
At this stage, it is prayed on behalf of the prosecution that
both the Sessions Trial No.5 of 2021 pending before the learned
Additional Sessions Judge, 5th Court at Barasat and Sessions
Case No.06(04) of 2019 pending before the learned Additional
Sessions Judge at Kalyani may be heard by one and an identical
Court because the fact in issue in both the cases are almost
same and identical.
I have given anxious thought with the matter. If both the
above mentioned cases are tried by the same Court
simultaneously the opposite party will be benefited because he
need not appear in both the Courts on two dates for two cases.
He can also place his defence in one and same Court effectively.
Therefore, the opposite party will not be prejudiced.
Considering such aspect of the matter the instant revision
filed by the petitioner is allowed.
Sessions Trial No.5 of 2021 pending before the learned
Additional Sessions Judge, 5th Court at Barasat be transferred to
the Court of the learned Additional Sessions Judge at Kalyani for
trial. The learned Additional Sessions Judge at Kalyani is directed
to take up trial of both the cases simultaneously.
The instant revision is, thus, disposed of.
(Bibek Chaudhuri, J.)
