- (1.) This revisional application under Section 407 of the Code of Criminal Procedure (hereinafter called the Code) has been filed by the petitioner praying for transfer of Case No. G. R. 249/2003 from the Court of the learned Judicial Magistrate, 2nd Court Raiganj to any Court of competent jurisdiction in the District of Malda.
(2.) By moving the revisional application on 19.5.2005 the petitioner obtained interim order of stay of further proceeding of the aforesaid G.R.case and after service of notice the Opposite Parties 2 and 3 appeared in this Court and filed an application for vacating the interim order passed by this Court on 19.5.2005 and, the said application has been registered as CRAN No.1153/2005. Both the revisional application and the application for vacating the interim order were taken up for hearing jointly and, I intant to dispose of the revisional application and the application being CRAN No. 1153/2005 by this order.
(3.) Mr. S. G. Mukherjee, learned Advocate for the petitioner submitted that Raiganj Police Station Case No. 119 of 2003 dated 28.5.2003 under Section 354 of the Indian Penal Code (hereinafter called the I.P.C.) was started on the basis of First Information Report (F.I.R.) lodged by the petitioner against accused-Opposite Parties 2 and 3. After completing investigation the police has submitted charge-sheet against the accused- opposite parties. The case is now pending for trial before the learned Judicial Magistrate, 2nd Court at Raiganj. The accused opposite parties outraged modesty of the petitioner within the office premises at Raiganj. She was posted at Raiganj at the relevant time but very recently she has been transferred to Malda. It would be difficult for her to go to Raiganj from Malda at a distance 75 K.M. to conduct her case. So long she was posted at Raiganj the charge-sheet was not submitted nor the case reached the stage of trial. After submission of charge-sheet when the case reached the stage of trial, she has been transferred to Malda. She, being a lady, it is difficult for her to go to Raiganj keeping her minor son at Malda house. The accused persons are staying at Raiganj and she apprehend further torture on her and humiliation. The accused persons would also try to create influence on others including witnesses and there would be no fairtrial in the said case.;