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2026 DAILYLAW 31332 (CAL)

PRASUN KUMAR CHATTERJEE v. STATE OF WEST BENGAL AND ORS.

CRR/1702/2026 · 2026-07-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 576 jb. jdt. CRR 1702 of 2026 In the matter of : Prasun Kumar Chatterjee Mr. Samiran Mondal Mr. Nitish Samanta …. For the Petitioner The petitioner who is an accused in G.R. case no. 2333 of 2024 pending before the learned Chief Judicial Magistrate, Paschim Bardhaman seeks transfer of the case to any other Court of competent jurisdiction on the ground that since the second opposite party is a practising advocate of Asansol and Durgapur Courts, learned advocates therein have taken a resolution not to defend the petitioner in the case. The petitioner is unable to defend himself before the learned Court and is facing threats in the Court premises. The atmosphere in the Court is not congenial for a fair trial. Learned counsel for the second and third opposite parties denies and disputes the allegation raised by the petitioner. It is not in dispute that the second opposite party is a practising advocate at the Asansol and Durgapur Courts. It is not unlikely that he may have some influence over the Bar Associations of the said Courts which may deprive the petitioner of a fair and unbiased representation/defence. 2 In view of the above, this Court is inclined to hold that the case needs to be transferred to some other Court in order to enable the petitioner to defend himself during trial and in the interest of justice. Accordingly, the revisional application being CRR 1702 of 2026 is allowed. G.R. case no. 2333 of 2024 pending before the learned Chief Judicial Magistrate, Paschim Bardhaman be transferred to the Court of the learned Chief Judicial Magistrate, Purba Bardhaman for trial. Learned Chief Judicial Magistrate, Purba Bardhaman shall either deal with the case himself or assign the same to any other learned Magistrate within his jurisdiction. Learned Chief Judicial Magistrate, Paschaim Bardhaman is directed to transmit the case record alongwith all relevant documents to the Court of the learned Chief Judicial Magistrate, Purba Bardhaman within 10 days from the date of communication of this order. The revisional application is disposed of. The State is directed to communicate this order to the learned Chief Judicial Magistrate, Paschim Bardhaman at the earliest. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.) 3