NILA HAMID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973 filed by petitioner Nila Hamid against the State of West Bengal as Opposite Party No. 1 and nine others for transfer of Berhampore P.S. Case No. 481/11 dated 15.05.2011 corresponding to G.R. No. 2106/2011 which has been registered as Sessions Serial No. 349 of 2014 from the Court of learned Session Judge, Murshidabad to any other neighbouring district for trial.

(2.) Contending inter alia, the petitioner has contended that her husband Md. Kamaruzzaman was brutally murdered on the public thoroughfare for which the aforesaid case has been started. The accused persons are very influential persons and they through some unidentified persons threatened the petitioner, her daughter and the informant on several occasions with dire consequence in case of giving evidence against the accused persons in the case. Under such circumstances, they are afraid of dire consequences in case of trial of the case in the District of Murshidabad at Berhampore. With such apprehension the petitioner has filed the instant case for transfer of the case from the Court of learned Session Judge, Murshidabad. During pendency of the instant case one Mr. Abdur Roshid has been added as Opposite Party No. 11 with the leave of a coordinate bench of this High Court. Despite service of notice excepting the Opposite Party No. 1 the State of West Bengal none of the opposite parties participated in the hearing.

(3.) At the time of hearing, learned Advocate for the petitioner submitted that this is a very fit case for transfer of the case from the Court of learned Session Judge, Murshidabad to any other competent Court in the neighbouring districts. According to him, the accused persons in the case are very much influential persons. Giving emphasis he has submitted that one of the accused persons is a Member of Parliament and he is also the highest portfolioholder of a National Political Party in this State of West Bengal. He has drawn my attention to the annexures to the application and has submitted that several informations were given to the police about the incidents of threatening on vital witnesses at the instance of the accused persons. He has relied upon a decision of the Hon'ble Supreme Court in the case of Vikas Kumar Roorkewal Vs. State of Uttarakhand and Ors., 2011 1 SCC(Cri) 638.