Single judge dismissed an application for transferring criminal case jurisdiction from Burdwan to Kolkata, rejecting medical grounds as insufficient. Granted leave to appear via Section 205 CrPC application.
Petitioner allowed to file Section 205 CrPC application to dispense with personal appearance; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
16.02.2022
Item No.35 Ct.No.34 dc.
IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION
C.R.R. 737 of 2020
(Via Video Conference)
Smt. Aparna Chattopadhyay
versus
Subrata Banerjee
In Re : An Application under Section 407 of the Code of Criminal Procedure filed for transfer of C/Case No. 67/2018 now pending in the court of learned Judicial Magistrate, Katwa, Burdwan.
Mr. Sandeep Prasad Shaw … For the Petitioner.
Mr. Santanu Chatterjee … For the State.
The subject matter of this revisional application relates to contention advanced by the petitioner for transferring the case from the court of learned Judicial Magistrate, Katwa, Burdwan to a court of competent jurisdiction at Kolkata. The grounds so assigned are medical grounds and personal difficulties of the present petitioner who happens to stay at North Kolkata.
The reasons so assigned are not sufficient for transferring the jurisdiction of a case if the same has been properly invoked.
Accordingly, the revisional application being CRR 737 of 2020 is dismissed.
However, if the petitioner files an application under Section 205 of the Code of Criminal Procedure praying for dispensing her personal appearance in the court in respect of day to day regular proceedings, the learned trial court would consider the same and will not insist on her appearance
2
regularly until and unless the trial cannot proceed in her absence.
Interim order, if any, is hereby vacated.
All pending connected applications, if any, are consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether medical grounds and personal difficulties justify transfer of criminal case jurisdiction under Section 407 CrPC when the court is properly invoked.
2 provisions across 1 enactments
Smt. Aparna Chattopadhyay
Subrata Banerjee
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
