- (1.) Again the petitioner Arjun Chanda has filed application on 19.08.2014 under Section 407 of the Code of Criminal Procedure, 1973 after disposal of his first application being C.R.R. No. 58 of 2013 on 14.01.2013 in this High Court for transfer of G.R. Case NO. 915 of 2012 corresponding to FIR No. 283/2012 under Sections 323/325/506/379/34 of the Indian Penal Code from the Court of Additional Chief Judicial Magistrate, Kalyani to any Court of Bidhan Nagar Sub-Division in the district of North 24 Parganas. At the time of hearing this case the petitioner remained unrepresented repeatedly and only the learned Advocate for the opposite parties no. 2 to 5 has been heard.
(2.) In the instant second application under Section 407 of the Code of Criminal Procedure, 1973 the petitioner has ventilated his grievance that the earlier order dated 14.01.2013 of this High Court has not been complied with. As such, he again apprehends danger and loss of life in case of his visit or appearing before the trial Court as witness due to continuous threatening by the accused persons (Opposite Parties no. 2 to 5 herein) and inaction on the part of police authorities.
(3.) Learned Advocate for the opposite parties has argued that the earlier order dated 14.01.2013 in C,R.R. 58 of 2013 of this High Court is very much speaking and unambiguous. His further arguments is that the petitioner has neither filed any contempt application nor has taken any step under Section 195 A of the Indian Penal Code against anybody as yet. This second application under Section 407 of the Code of Criminal Procedure, 1973 is not maintainable.;