Jamuna Sadhukhan And Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 3130 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri



                             CRR 3713 of 2022
                                   With
                              CRAN 1 of 2023

                         Jamuna Sadhukhan and Anr.
                                   Vs.
                        The State of West Bengal & Ors.


Mr. Bibaswan Bhattacharya
Mr. Arani Bhattacharyya
                 ..for the petitioners

Mr. Abhra Mukherjee
Mr. Sauradeep Dutta
Mr. S. K. Mondal
                 ..for the O.P. No.2

Ms. Faria Hossain
Ms. Baisali Basu
Ms. Mamata Jana
                    ..for the State

Item No187

Heard & Judgment on:            02.05.2023


Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

Though the instant application fixed for hearing today is an

application for extension of interim order, since the contesting parties

have already entered appearance the revisional application is taken

up for hearing. The petitioners have prayed for transfer of G.R. Case

No. 862 of 2017 under Sections 498A of the Indian Penal Code from

the 2nd Court of the learned Judicial Magistrate, Purulia to any

competent Court at Chinsurah, Hooghly. It is fairly submitted by the

learned advocate for the opposite party No.2 that the appearance of

the present petitioners may be directed to be dispensed with during

trial provided they will not challenge their identity and even their

examination under Section 313 may be made on affidavit on the basis

of the decision of the Hon'ble Supreme Court in Basab Raj R. Patil's

case.

The learned advocate for the petitioner has raised objection.

Having heard the learned advocates for the parties, I find that

the petitioners have prayed for transfer of the above mentioned

criminal case only on the ground of illness of the said petitioners.

When the opposite party No.2 through his learned advocate submits

that they do not require to appear and they may be represented

under Section 317 of the Code of Criminal Procedure and their

examination under Section 313 may be recorded on affidavit. I do

not find any reason to transfer the case.

In view of such circumstances, the instant revision is disposed

of directing the learned Magistrate to allow the petitioner Nos. 1 and 2

to be represented under Section 317 of the Code of Criminal

Procedure during trial. The learned Magistrate shall also record that

the petitioners will not dispute their identity. The petitioners will be

examined on affidavit as per guidelines stated in the above mentioned

case by the Hon'ble Supreme Court.

The instant revision is thus, disposed of on contest with the

above direction. The learned Magistrate shall take all endeavour to

dispose of the case within six months from the date of communication

of this order.

(Bibek Chaudhuri, J.)