AMIT TALUKDAR, J. - (1.) The Petitioners have been arrayed before the learned Judicial Magistrate, 2nd Court, Barrackpore, in connection with G. R. Case No. 3872 of 2008. In course of the trial, more particularly during the course of examination of P.W.1, the Petitioners found that certain documents were directed to be exhibited which were not in accordance with the steps as known to law. Thereby they felt they would not receive a fair trial before the said forum. As such, they invoked the provisions of section 410 of the Code of Criminal Procedure before the learned Chief Judicial Magistrate at Barasat. The learned Chief Judicial Magistrate, Barasat, was of the view that as already documents have been brought into the evidence amongst other points, no fruitful purpose would be served in transferring the case. Aggrieved by the same the Petitioners approached the learned Fast Track, 5th Court, Barasat, in Criminal Motion 232 of 2010. The latter after discussing the points concluded, "Under such facts and circumstances, in view of materials on record, regard being had to the submission of Ld. Counsels and on reading and re-reading the impugned order it is found that the order of Ld. C.J.M., North 24-Parganas dated 11.10.2010 passed in M. Case No.6/2010 is perfectly sustainable".
(2.) I have been addressed at the Bar by Shri Ghosh for the Petitioners, who has submitted that in view of the sequence of events that have taken place before the learned Trial Court, it would be difficult for the Petitioners to have a fair trial.
(3.) Shri De, learned Senior Counsel for the De facto Complainant, has read out from the order under challenge including one passed by this Court earlier in C.R.R. 895 of 2011 to show that the orders by which the Petitioners were aggrieved have been endorsed by this Court on 18.6.2011 and in fact liberty was given to the Petitioners to cross-examine P.W.1 on the point of those documents. This, according to Shri De, learned Senior Counsel, forecloses the issue which has persuaded the Petitioners to move this Court.;