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SHAMPA DUTT (PAUL)
Rabindra Nath Acherjee@Acharya – Appellant
Versus
Biplab Mukherjee – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision is an application for transfer of the proceeding arising out of the complaint in connection with the Case no. C. Case No 209/2018 (T.R NO. 62/2018) dated 28.11.2018 under Sections 448/323/379/427/504/34 of the Indian Penal Code, pending before the Learned Judicial Magistrate. 1st Class, 3rd Court, Katwa, at Purba Bardhaman to the Learned Additional Chief Judicial Magistrate at Durgapur, Paschim Bardhaman or to any other appropriate Court having jurisdiction, in terms of Section 407 of the Criminal Procedure Code.
2. The petitioners submit that the petitioners no. 1, 2 and 3 are aged persons and petitioner no. 4 is the younger daughter of petitioner no. 1 and 2.
3. That, prior to the alleged complaint the wife (elder daughter of the petitioner no 1 & 2) of the complainant/opposite party herein had also filed an application under Section 12 of the Protection of women from Domestic Violence Act, 2005 for reliefs under Sections 17/18/19/20/21/22/23 of the Protection of Women from Domestic Violence Act, 2005, and the same was registered as being Misc. Case No. 406/2015, and the said case was contested by the complainant/opposite part
The main legal point established in the judgment is the requirement of a reasonable apprehension for transfer under Section 407 of the CrPC, as emphasized by relevant case law.
The court may allow the transfer of a case under Section 12 of the PWDV Act when it deems it necessary in the interest of justice, considering the circumstances of the parties involved.
The central legal point established in the judgment is the application of CrPC Section 407 (1)(c) for the transfer of a case, emphasizing the ends of justice and the convenience of the parties and wi....
Transfer of criminal cases under Section 407 Cr.P.C. requires substantial grounds beyond mere convenience or apprehension; the applicant must demonstrate a reasonable basis for fearing an unfair tria....
Transfer of trial under Section 407 of Cr.P.C. requires substantiation of reasonable apprehension of unfair trial, considering the convenience of all parties involved.
Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has t....
Transfer of trial should only be considered when fair justice is in peril and when there is a well-substantiated apprehension that justice will not be dispensed impartially, objectively, and without ....
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