CALCUTTA HIGH COURT
CENTRAL BUREAU OF INVESTIGATION – Appellant
Versus
AZAD CHOWDHURY AND ORS – Respondent
CRR 3071 / 2025
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give evidence fearlessly which must be considered as reasonable
apprehension.
Therefore when the submissions of CBI and the report
submitted by Trial Court shows that there exists an atmosphere in
the district, which either is unfavourable to the prosecution or
about which there is reasonable apprehension, it is desirable in the
interest of justice to transfer the case for trial to some other
district.
Therefore having considered the report submitted by the
learned Additional District and Sessions Judge, Rampurhat,
Birbhum as quoted above and also in view of the submissions
made by the parties, the Sessions trial being no. 197 of 2023
arising out of CBI case no. RC0562022S0006 dated 25.3.2022,
presently pending before the learned Additional Sessions Judge,
Rampurhat is transferred to the court of learned District and
Sessions Judge, Purba Bardhaman, which is adjacent district in
terms of geographic location.
Learned District and Sessions Judge, Birbhum will withdraw
the Sessions case no. 197 of 2023 from the file of learned
Additional Sessions Judge, Fast track court, Rampurhat and will
transmit the same within a period of two weeks to the learned
District and Sessions Judge, Purba Bardhaman.
Learned District and Sessions Judge, Purba Bardhaman on
receipt of record, will either hold the trial by himself or will
transmit the case record to any other court of learned Additional
District and Sessions Judge, having jurisdiction to try the same.
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The transferee court shall proceed with the case from the
stage where it reached till date. The transferee court also shall
make every endeavour for expeditious disposal of the case since the
accused persons are in custody and the mater is pending since
long.
The department is directed to send a copy of this order to the
learned Additional District and Sessions Judge, Birbhum at Suri
and the learned Additional District and Sessions Judge, Purba
Bardhaman for compliance.
CRR 3071 of 2025 accordingly stands disposed of.
Urgent Photostat certified copy of the order, if applied for, be
given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)
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