- (1.) This is an application under Section 407 of the Criminal Procedure Code filed by the petitioner praying for transfer of Sessions Case No. 6 of 2013 now pending before the learned Additional District and Sessions Court at Kurseong, District - Darjeeling to any court of the rank of Additional Sessions Judge in the district of Jalpaiguri.
(2.) Mrs . Trina Mitra, learned advocate, led by Mr. Biplab Mitra, learned counsel submits that the Sessions Trial No. 6 of 2013 has its genesis in a complaint lodged by the present petitioner acting as a de facto complainant against the present opposite party no.2 for commission of alleged offences punishable under Section 376 of the Indian Penal Code.
(3.) Pursuant to such complaint an F.I.R. being 56 dated 19th April, 2012 corresponding to G.R. Case No. 78(1)(12) of Kurseong Police Station was drawn up and the matter was committed on 19th February, 2013 by the learned Chief Judicial Magistrate, Darjeeling. The Trial was subsequently transferred to the court of the learned Additional Sessions Fast Track Court, Kurseong, where the trial is currently pending. Mrs. Mitra further submits that the present petitioner is a patient of Hodgkin's disease, which is a type of Malignant cancer. In support of her contention, she has annexed several medical documents to the present C.R.R. 3813 of 2013 showing that on and from 2007 she has being under continuous treatment both in West Bengal and at the Tata Memorial Cancer Hospital at Mumbai. From the documents on record Mrs. Mitra points out that the petitioner is so seriously weak and ill that it is difficult for her to make the journey of around 90 Kilometers from her present place of residence at Oadlabari, District - Jalpaiguri to the learned Fast Track Court at Kurseong. She further points out that her parents too are occupied in nursing her during this period of serious illness and consequently could not attend on dates fixed by the learned Fast Track Court, Kerseong for which reason, her parents had to suffer adverse orders by way of issuance of bailable warrants against them.;