GITA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed for transfer of Misc. Execution case Nos.121/2005, 276/2006, 198/2007 and 168/2008 arising out of the Misc. Case No.435 of 1997 under Section 125 of the Cr.P.C. from the Court of the learned Judicial Magistrate, First Court, Barasat, District - North 24 Parganas to the Court of the learned Additional Chief Judicial Magistrate, Sealdah, District - South 24 Parganas. The ground of transfer is that the applicant is residing at Phool Bagan and it is difficult for her to attend the Court at Barasat. Rather, it will be convenient for her to attend the Court at Sealdah. It is also her contention that she is suffering from various ailments and for that reason it is difficult for her to make journey to Barasat from her residence at Phool Bagan.

(2.) Having considered the submission of the learned Advocate for the petitioner and on perusal of the materials on record, I find that the Court of learned Judicial Magistrate, Barasat is not far away from the residence of the petitioner at Phool Bagan. Rather, when she is like to go to Barasat Court, she will go to the opposite direction while many will persons flow towards Sealdah or onwards from the side of Phool Bagan to attend office, factories, etc. Therefore, it will not at all be convenient for the applicant to go to the Court of Sealdah instead of Barasat Court. For the same reason, if the petitioner is suffering from various ailments, it will also be convenient for her to go to Barasat which is downward while the people will flow from that side to Calcutta during office hours. As regards threatening by the opposite party no.2, I find that the opposite party no.2 also resides at Aswininagar under P.S. Rajarhat and also at Sashi Bhusan Dey Street, P.S. Muchipara. So, it is not possible for the opposite party no.2 to know when the applicant is proceeding to Barasat to attend the Court according to her own will. So, in consideration of the totality of the matter, I am of the view that there is no ground for transfer of the execution cases from the Court at Barasat to any Court at Sealdah or at Alipore, as suggested by the learned Advocate of the petitioner. The application has, therefore, no merit at all. It is accordingly dismissed.

(3.) Considering the circumstances, there will be no order as to costs. However, for convenience of the petitioner, the learned Magistrate shall fix one day only for hearing all the 4 matters and not separate dates for each execution case.