- (1.) On May 28, 2010 at around 20.40 hours while 2102 UP Howrah - LTT Jnaneshwari Express was passing through KM 134/17 between Khemasuli and Sardiha Railway Station, at Kharagpur-Tata Nagar Section the said train was derailed and about 153 passengers were killed and more than thousand passengers were severely injured. Since on preliminary investigation it was found that was a case of sabotage and malicious wrecking of railways, the driver of the said locomotive lodged a complaint to the Officer-in-Charge, G.R.P.S., Jhargram. Whereupon, Jhargram G.R.P.S. FIR No. 05/10 under Section 427 of the Indian Penal Code and under Sections 150/151 of the Indian Railways Act and under Sections 3/4 of the Indian Explosive Substance Act was registered and on June 3, 2010, the police arrested accused Khagen Mahato and on June 7, 2010 accused Samir Mahato.
(2.) In the meantime, having regards to the seriousness of the crime the charge of investigation was transferred to the Central Bureau of Investigation (for the sake of brevity hereinafter referred to as "CBI") pursuant to a notification issued under Section 5 of the Delhi Special Police Establishment Act, on June 3, 2010 by the Central Government and a corresponding notification issued under Section 6 of the said Act on June 7, 2010 by the State of West Bengal. The CBI after taking over of the charge of the aforesaid case registered a regular case being the Case No. R.C. 4/S/2010 dated June 9, 2010 under Section 427 of the Indian Penal Code and under Sections 150/151 of the Indian Railways Act and under Sections 3/4 of the Indian Explosive Substance Act and under Sections 16/18 of the Unlawful Activities (Prevention) Act, 1967 by treating the FIR relating to the Jhargram G.R.P.S. Case No. 5/10 as the original FIR of the case. Immediately after taking over the charge of investigation on June 14, 2010 and June 18, 2010 the C.B.I. arrested accused Hiralal Mahato and accused Bhola Nath Mahato respectively. Thereafter on June 19, 2010 both the accuseds Bapi Mahato and Bimal Mahato were arrested, while accused Amiya Mahato was arrested on June 22, 2010.
(3.) Now, invoking Sections 401 and 482 of the Code of Criminal Procedure read with Section 407 of the Code, the C.B.I. moved this application seeking transfer of the proceedings relating to Case No. R.C. 4/S/2010 dated June 9, 2010 corresponding to RLY. G.R. Case No. 5/10, pending before the Learned Additional Chief Judicial Magistrate, Jhargram, arising out of Jhargram G.R.P.S. Case No. 05/10 to any other Court at Kolkata preferably to the C.B.I. Court situated at Bichar Bhavan (for the sake of brevity the aforesaid application for transfer is hereinafter referred to as "this application"). After filing of this application the C.B.I. filed as many as four supplementary affidavits in connection therewith and another application for addition of the accused persons as the opposite parties, who were arrested during the pendency of hearing of this application.;