21.09.2026 Sl.No. 4 Ct. 39 Amalranjan IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 2222 OF 2023 SRI ARUNMOY CHOWDHURY VS. SUSANTA GHOSH AND ORS. 1. None appears on behalf of the petitioner on call, nor has any accommodation been sought. Even on earlier occasions, none represented the petitioner. 2. This case pertains to the year 2023. 3. Considering the nature of the prayer and long pendency of this case, this Court prefers to decide the case on merits based on the materials available on record. 4. The petitioner has filed this revisional application under Section 482 read with Section 401 of the Criminal Procedure Code assailing the order dated 31.03.2023 passed by learned Sessions Judge, Alipore in Criminal Motion No. 137 of 2023 in connection with Misc. Case No. 29 of 2022 arising out of C-1616 of 2006 pending before the Learned Judicial Magistrate, 1st Court at Alipore. 5. By the said impugned order, the Sessions Judge transferred Misc. Case No. 29 of 2022 arising out of C- 1616 of 2006, before the learned Judicial Magistrate, 9th Court at Alipore, considering that the petitioner 2 anticipated that he would not get fair justice from the learned court below, where the case was pending. The learned Sessions Judge, after hearing the revisionist, finally decided the revisional application as the same was filed within time. The learned Sessions Judge further held, inter alia, as follows: “On careful perusal of the impugned order, it appears that the instant order does not require interference. This court is of the view that leniency could have been shown by the Ld. Lower court while considering the ground of rejection of the application u/s 410 of Cr.P.C. filed by any party. Moreover, none of the parties will be prejudiced if the motion is allowed as only a fair opportunity will be provided to the petitioner to contest the case in lower court irrespective of the fate of the case there. Thus, the issuance of notice upon the respondents is not at all required. It is also submitted by the petitioner that he is apprehensive that he may not get fair justice from the Ld. Court below. As there is apprehension in the mind of the petitioner that he may not get fair trial from the Ld. Court below, I feel that the aforesaid motion may be transferred to any other Court.” 6. Considering the overall facts and reasoning, this Court is of the opinion that the Sessions Judge did not make any error in passing such order for transfer of the proceedings pending before the Trial Court to the learned Judicial Magistrate, 9th Court at Alipore to instil 3 confidence in the mind of the applicant. Accordingly, the impugned order calls for no interference. 7. Accordingly, CRR 2222 of 2023 is dismissed without any order as to costs. 8. Consequently, the connected applications, if any, stand disposed of. 9. Interim order, if any, stands vacated. 10. Let a copy of this order be communicated to the learned court below forthwith. 11. All parties shall act in terms of the copy of this order downloaded from the official website of this court. 12. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J. )