HASANA BEGAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner's son, Sk. Hossain Ali, aged about 24 years, was arraigned as an accused in connection with Tamluk Police Station Case No. 505/24 dtd. 10/6/2024, under Ss. 163 and 365 of the Indian Penal Code, as per the allegations set forth in a formal written complaint lodged by one Mina Begam. This matter corresponds to G.R. No. 1971/24. The aforementioned accused was produced before the Learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, Himachal Pradesh, on 28/6/2024, whereupon the prosecution sought a seven-day transit remand for the said accused. The said prayer was duly granted by the Learned Court.

(2.) Subsequently, on 1/7/2024, the petitioner's son, being the accused, was presented before the Learned Chief Judicial Magistrate, Tamluk, Purba Medinipur, where he was remanded to judicial custody until 12/7/2024, pursuant to the order passed by the Learned Chief Judicial Magistrate. Notably, on the same day, the victim was also produced before the Learned Court and an order was passed directing the Learned Judicial Magistrate, First Court, Tamluk, to record the statement of the victim under Sec. 164 of the Code of Criminal Procedure, which was duly recorded on 4/7/2024.

(3.) During the period of remand, the Superintendent of Tamluk SubCorrectional Home sought post-facto approval for the transfer of the undertrial prisoner, Sk. Hossain Ali, from Tamluk Sub-Correctional Home to Medinipur Central Correctional Home for medical treatment, as reflected in the order dtd. 5/7/2024.