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2026 DAILYLAW 32268 (CAL)

JHUMA GHOSH ( PANJA) v. STATE OF WEST BENGAL AND ANR

CRR/301/2025 · 2026-08-13

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.08.2026 531 jb. jdt. CRR 301 of 2025 Re: An application under Section 407 of the Code of Criminal Procedure corresponding to Section 447 of the Bharatiya Nagarik Suraksha Sanhita. In Re : Jhuma Ghosh (Panja) Mr. Kunal Ganguly ... For the Petitioner Dr. Pradip Banerjee Mr. Shalu Gupta … For the State Mr. Amal Krishna Samanta Mr. Arun Kumar Das … For the Opposite Party no. 2 Affidavit of service filed on behalf of the petitioner is taken on record. The petitioner who is the defacto complainant of G.R. case no. 1327 of 2008 pending before the Court of the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur seeks transfer of the case to any other Court on two-fold grounds. First, the Public Prosecutor engaged in the case insisted on the petitioner withdrawing the case. The petitioner has lodged a complaint against the Public Prosecutor before the Legal Remembrancer, Government of West Bengal in this regard. Second, the petitioner’s husband who is the victim in the matter has been assaulted and threatened when he went to Tamluk Court for which G.D. has been lodged. However, no specific case has been started. Learned counsel for the private opposite party denies and disputes the allegation raised by the petitioner. 2 Learned counsel for the State submits that the petitioner has already been examined. The victim is yet to be examined. The earlier Public Prosecutor is no longer in charge of the case. However, the case may be transferred to Paschim Medinipur. The private opposite party has no objection if the case is transferred to Paschim Medinipur. The first allegation of the petitioner has become redundant in view of the fact that the earlier Public Prosecutor is no longer in charge of the case due to change of learned advocates in the State panel. The petitioner is a resident of Kolkata whereas the private opposite party is a resident of Tamluk. The influence of the private opposite party in the area resulting in threats and assault upon the petitioner and her husband cannot be ruled out. Since the petitioner apprehends threat to life and person on her husband and herself in Tamluk Court and feels that the atmosphere therein is not conducive for a fair trial, this Court is inclined to hold that the proceeding needs to be transferred in the interest of justice. The revisional application is allowed. G.R. case no. 1327 of 2008 pending before the Court of the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur be transferred to the Court of the learned Chief Judicial Magistrate, Paschim Medinipur for disposal. The learned Chief Judicial Magistrate, Paschim Medinipur shall 3 either deal with the case himself or assign the same to any learned Magistrate within his jurisdiction. Learned Chief Judicial Magistrate, Tamluk at Purba Medinipur is directed to transmit the case records alongwith relevant documents to the Court of the learned Chief Judicial Magistrate, Paschim Medinipur within 10 days from the date of communication of this order. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)