SANDIP SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application dated 27th February 2008 u/s 407 read with section 482 Cr.P.C. prayer has been made by the de facto complainant for transfer of the Sessions Case No. 16(6)/07 u/s 498A/306/34 IPC form the court of the learned Additional Sessions Judge, Fast Track Court at Bishnupur to any court of the Sessions Division of Paschim Medinipur

(2.) THE father of the de facto complainant who is also the father of the victim made a representation before the Superintendent of Police alleging that the accused persons have been constantly threatening them but the police was also not arresting the accused persons except one. On 8th May 2007 the decacto complainant lodged a general diary being GDE No. 771 dated 8.5.2007 with the Inspector in charge, Paschim Medinupur. The defacto complainant and the members of his family are required to attend before the learned Trial Court at Bishnupur but their lives are in danger as they were constantly threatened by the accused persons. One of the accused is also a police constable of Bishnupur. Accordingly, prayer is made for transfer of the case from Bishnupur to Paschim Medinupur.

(3.) MR . Deep Chaim Kabir, learned Advocate appearing for the opposite party submits that a police constable cannot be said to be a powerful man to create any situation fabourable to the defence so as to hinder the prosecution witnesses from freely narrating their evidence. It is not that a case u/s 302 has been illegally converted into one u/s 306 IPC. The accused persons had no hand in the investigation of the case and upon investigation a case u/s 306 IPC could only be found out. It is false to allege that the defacto complainant and the members of his family were at all threatened so as to deter them from coming into Bishnupur from the town of Medinupur for the purpose of giving evidence. If any compliant was at all lodged either with the IC Medinipur PS or with the IC Bishnupur PS. it is not known whether the allegations were at all enquired into or not, and if any enquiry was at all made what was the result of such enquiry. Mere allegation unaccompanied by any report of the police as to ascertain the veracity of the allegations is not the ground for transfer of the case.