Somnath Das vs State Of West Bengal & Anr.

This is an application for transfer of proceedings in connection with C.R. Case No. 220 of 2017 pending before the learned Judicial Magistrate, 2nd

Court, Kalna to the Court of the learned Chief Judicial Magistrate, Alipore, 24 Parganas(South), inter alia, on the grounds that there is reasonable

apprehension that the petitioner may not get the scope of fair trial if the proceeding is allowed to continue in the Court of the learned Judicial

Magistrate, 2nd Court, Kalna because Mr. Rajib Kumar Jha, learned advocate when went to Kalna Court for inspection of the case record, neither

the bench clerk of the concerned Court agreed to accept the application nor did the person in-charge of the copying department supplied him with the

certified copy of the relevant documents and order sheets pertaining to the instant case and the learned advocate was held out with threat with dire

consequences by the learned advocates practicing at Kalna Court.

My attention is invited to various Annexure to the application and in particular the resolution taken over by the Kalna Bar Association. To speak

preciously on October 27, 2017 the opposite party No. 2 Mr. Firdous Mondal filed an application under Section 156(3) Cr.P.C. against one Manik Das

and Somnath Das attached to Purbasthali Police Station. The said complaint was sent to the Additional S.P.Rural, Burdwan for taking necessary

steps.

On October 30, 2017 it was found that the Police Authority did not send any accused from the concerned police station so also they did not produce

any accused from the Sub-jail in the Judicial custody of the respective cases, even the police personnel of the Court concern refused to entertain the

put up petitions which was sent by the learned A.C.J.M to the G.R.O. Office. Being asked by the G.R.O., he disclosed that they have done as per

order of the S.D.P.O, Priyabrata Roy, Kalna in A.C.J.M.Court so also in the Additional District Judge Court.

That on November 1, 2017 learned District Judge, Burdwan came to Kalna Court to discuss the matter with the learned members of the Bar so also

the learned P.O’s of the Court. As per the resolution of Bar the police personnel under the direction of the S.D.P.O. collapsed the judicial work of

that day i.e. October 30, 2017. The securities of all the Courts of Kalna Sub-Division were withdrawn by the order of the said S.D.P.O, Mr.

Priyabrata Roy. Backgrounds leading to the case are as follows:-

“ That the opposite party no. 2 herein filed a petition of complaint under Section 200 of the Code of Criminal Procedure, 1973, before the Court of

the Learned Additional Chief Judicial Magistrate, Kalna. The said petition was numbered as C.R.Case No. 220 of 2017. It was alleged therein that the

petitioner herein, along with a co-accused person, committed offences under Sections 323/504/506/34 of the Indian Penal Code, 1860.

The allegations leveled in the said petition are inter alia to the effect that on 09.10.2017, one Manik Das, being a co-accused person in the instant case,

offered the complainant, a sum of Rs.23,000 to travel to Rajasthan and secure the release of an accused person from there and also gave him the

phone number of a local learned advocate from Rajasthan, who would help him out once he reached there; later on, the Inspector-in-Charge,

Purbasthali Police Station, being the petitioner herein, called for the complainant/opposite party no. 2 and assured him that nothing bad would happen to

him if he was to travel to Rajasthan for the purpose of securing the release of the person concerned; on the basis of such assurances given on the part

of the petitioner herein and the co-accused person in the instant case, the complainant, along with his uncle, who is one of the witnesses in the instant

case, left for Rajsthan on 12.10.2017 from Dumdum Airport and arrived at Jaipur via a flight; on calling up the local contact/learned advocate, whose

number had been given to him by co-accused Manik Das, the said learned advocate sent a white coloured Bolero car to pick up the complainant and

the said witness, for the purpose of taking them to a local court; however, after travelling for some distance, the complainant and the witness

concerned found out that the other persons present inside the aforementioned car had pistols on their persons and they realized that they were in

trouble; the complainant and the witness concerned further realized that the petitioner herein and Manik Das, being a co-accused person in the instant

case, had conspired to put them into such trouble; after travelling for some distance, a few more persons got into the above stated white Bolero car;

on protesting against the said conduct of the other persons inside the car and on asking where they were being taken to, the other persons present

inside the said car turned aggressive and took away costly mobile phones, money, the black coat belonging to the complainant and threatened them of

dire consequences if they dared to ask them any further questions or protest against their conduct; the complainant and his uncle were taken to a

derelict building located in the middle of a jungle; fortunately, on the excuse of going to the latrine, the complainant and the witness concerned, were

able to escape from the clutches of the said person; after returning home, when the complainant and his uncle went to the Purbasthali Police Station to

lodge a complaint against the said Manik Das, the petitioner herein purportedly turned them away after insulting them; having no other option, the

complainant was forced to file a petition under Section 156(3) of the Code of Criminal Procedure, 1973 before the Court of the Learned Additional

Chief Judicial Magistrate, Kalna thereby alleging the commission of offences under Sections 471/419/420/384/363/364/368/307/504/506/120B/34 of the

Indian Penal Code, by the petitioner herein and the aforementioned Manik Das; after the Learned Additional Chief Judicial Magistrate, Kalna had

been pleased to pass an order in connection with the above stated petition of complaint, the complainant was directly and indirectly offered money to

withdraw the case when it did not work out, he was threatened with death or kidnap.â€​

I have heard the learned counsel for the petitioner and the learned counsel for the State who has no objection if the case is transferred to any other

Courts. Bearing in mind the resolution taken over by the Bar, I am of the view that for the fair trial the case is required to be withdrawn from the

Court of the learned Judicial Magistrate, 2nd Court, Kalna to any other Courts outside the District of Burdwan. The learned advocate for the petitioner

submits that preferably the case may be transferred to the Court of learned Chief Judicial Magistrate, Alipore, South 24-Parganas.

I am of the view that the Court of learned Chief Judicial Magistrate, Alipore, South 24Parganas is over burdened with the police files. Now Durgapur

Sub-Divisional Court is outside the District of Burdwan. Therefore, the case being C.R. 220 of 2017 now pending before the Court of the learned

Judicial Magistrate, 2nd Court, Kalna is withdrawn and be transferred to the Court of the learned Additional Chief Judicial Magistrate, Durgapur.

Thus, the revisional application being CRR 4109 of 2017 stands disposed of.