Radharani Gayen Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Radharani Gayen Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revisional application disposed of without any order of transfer; petitioner left at liberty to seek police protection from the concerned authorities and to seek necessary protection/directions from the learned Trial Court.

Issue for consideration

Whether the proceeding in G.R. Case No. 6790 of 2022 pending before the learned Additional Chief Judicial Magistrate, 2nd Court, Baruipur ought to be transferred to any other competent Court at Kolkata in view of the petitioner's apprehension of threats from, and the alleged influence of, the accused persons.

Court's answer

No ground having been made out, the Court declined to transfer the proceeding to any other Court.

Ratio / Principle

The petitioner had made no representation before the police authorities or even before the learned Trial Court regarding any threat allegedly given.

Key takeaways

On the allegation that the opposite parties were influential persons, the petitioner was unable to show that they would be in a position to manipulate the proceeding.ratio¶19
If the petitioner genuinely apprehends harm when taking steps in the proceeding by deposing during the trial, he is at liberty to pray for police protection before the concerned authorities, who shall look into the matter and act in accordance with law.ratio¶16
The petitioner is further at liberty to seek necessary protection before the learned Trial Court, which shall consider the application in accordance with law and pass necessary directions.

Detailed headnote1 paragraphs

Criminal revision (transfer application): A prayer by the de-facto complainant in Baruipur Police Station Case No. 1664 of 2022 (dated 22.10.2022, Sections 341/323/506/509/34 IPC) for transfer of the connected G.R. Case No. 6790 of 2022 from the learned Additional Chief Judicial Magistrate, 2nd Court, Baruipur to any other competent Court at Kolkata, on grounds of alleged threats by and influence of the accused, was disposed of without transfer. The Court noted that no representation regarding threats had been made to the police or the trial court and that the petitioner had not shown any capacity of the opposite parties to manipulate the proceeding. The petitioner was granted liberty to seek police protection from the concerned authorities and to apply to the learned Trial Court for necessary protection and directions, to be considered in accordance with law.

In The High Court at Calcutta Criminal Revisional Jurisdiction

Appellate Side

Coram:

The Hon’ble Justice Jay Sengupta

CRR 2537 of 2025

Radharani Gayen

Vs .

State of West Bengal & Ors.

For the petitioner : Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee For the State : Mr. Suman De Mr. Bibaswan Bhattacharyya Heard on : 24.07.2025 Judgment on : 24.07.2025

Jay Sengupta, J.:- This is an application seeking transfer of G.R. Case No. 6790 of 2022 presently pending before the learned Additional Chief Judicial Magistrate, 2^nd Court, Baruipur to any other competent Court at Kolkata.

Let a copy of this application be served upon Mr. Suman De and Mr. Bibaswan Bhattacharyya, learned counsels for the State who are present in Court and they are requested to represent the State in this matter. Their engagement may be regularised in due course.

2

Learned counsel appearing on behalf of the petitioner submits as follows. The case arises out of Baruipur Police Station Case no. 1664 of 2022 dated 22.10.2022 under Sections 341/323/506/509/34 of the Indian Penal Code. The petitioner is the de-facto complainant in this case. He is supposed to depose as the witness in the case on a date in the next month. However, the accused persons are giving threats to the petitioner and pressurising him not to take any steps in respect of the pending proceeding. The accused are very influential and are in a position to manipulate the proceeding.

Learned counsel appearing for the State opposes the prayer for transfer.

It does not appear that the petitioner has made any representation before the police authorities or even before the learned Trial Court regarding any threat given.

However, in the event, the petitioner genuinely apprehends that any harm could take place if the petitioner tries to take steps in respect of the proceeding by deposing during the trial, he shall be at liberty to pray for necessary police protection before the concerned authorities. The police authorities shall then look into the matter and act in accordance with law.

The petitioner shall also be at liberty to seek necessary protection before the learned Trial Court and the learned Trial Court shall consider the application in accordance with law and pass necessary directions.

3

So as far as the allegation is concerned that the opposite parties are influential person, the petitioner has not been able to show anything that they would be in a position to manipulate any proceeding.

Therefore, I do not find any ground for transferring the proceeding to any other Court.

Accordingly, the revisional application is disposed of with the above referred directions and observations.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)