Mrs. Sutapa Chowdhury vs The State Of West Bengal & Ors
2023 Latest Caselaw 3817 Cal

12.06.2023 Serial no.6 Aloke

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE

CRR 2633 of 2021

Mrs. Sutapa Chowdhury Vs.

The State of West Bengal & Ors.

Mr. Debangan Bhattacharya ... for the petitioner

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

Mr. Pratick Ghosh Mr. Prasad Bhattacharyya Mr. Bitan Das ... for the opposite parties

Heard the learned counsel for the petitioner and the

learned counsel for the opposite parties including the learned

counsel for the State.

Learned counsel for the State has submitted before

this Court that all the witnesses to the said case are residents

of Basirhat.

It is the case of the learned counsel for the petitioner

that the accused person in this case has good relationship

with Panel Prosecutors at Basirhat and, as such, the petitioner

apprehends that she and her daughter will not get a 'fair trial'.

On the other hand, it has come before this Court

through the learned counsel for the petitioner that the alleged

victim is now a practicing Advocate of Alipore Court. The

prayer of the petitioner is for transfer of the case to Alipore

Court which again is an apprehension that the opposite

party/accused may not get a 'fair trial'.

Considering the submissions of the learned counsel for

all the parties and in view of the observations made above, the

proceedings in G.R. Case No. 1912 of 2017 in Sessions Trial

Case No. 7 of 2020 arising out of Basirhat P.S. Case No. 478 of

2017 under Sections 363/365/376/34 of the Indian Penal

Code pending before the Court of the learned Additional

District & Sessions Judge, 1st Fast Track Court, Basirhat, is

hereby withdrawn and transferred to the file of the learned

District & Sessions Judge, Barasat, which is at a closer

distance from Basirhat than the Court at Barrackpore.

Learned District & Sessions Judge, Barasat, shall

assign the matter to any of the Courts having jurisdiction to

dispose of the matter at the earliest or retain the same in his

own file.

Case diary be returned to the learned counsel for the

State.

The revisional application being CRR 2633 of 2021 is

accordingly disposed of.

All connected application, if any, stands disposed of.

Interim order, if any, stands vacated.

Urgent certified website copy of this judgment, if

applied for, be supplied expeditiously after complying with all,

necessary legal formalities.

(Shampa Dutt (Paul), J.)