Back
PARTHA SARATHI SEN
“X”, The Victim Girl – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Sen, J.
1. The instant case arises out of an application under Section 407 Cr.P.C. read with section 482 Cr.P.C. at the instance of the petitioner who is a victim lady and the informant before the Learned Trial Court.
2. By filing the aforesaid application being informant/victim/petitioner has prayed for transfer of the proceedings of Sessions case no. 93 of 2022 as pending before the Learned Additional Sessions Judge, Fast Track Court, Siliguri to the Court of Learned Additional Sessions Judge, Chandannagore, District – Hooghly.
3. For effective disposal of the instant case, the facts leading to the initiation of the aforesaid Sessions case is required to be dealt with in a nutshell. On the basis of a written complaint dated 22.11.2020 addressed to the O.C. Matigara Police Station, District – Darjeeling, Matigara Police Station case no. 1192 of 2020 dated 22.11.2020 under Sections 493/376 I.P.C. was started against the accused who is the opposite party no. 2 Herein. Since the progress of the said investigation was slow and continuing for a considerable length of time, the petitioner/victim lady approached the Hon’ble Court by filing WPA 8989 of 2021 praying f
The convenience of prosecution witnesses, especially public servants, is paramount in considering the transfer of case proceedings.
The court emphasized that witness safety and convenience are critical for a fair trial, allowing for the transfer of cases under Section 407 of the Cr.P.C. when justice is compromised.
Court emphasizes the importance of impartiality in trials to ensure fair justice.
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.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
