Asim Kumar Roy, J. - (1.) The present petitioner is the defacto -complainant of the Bishnupur Police Station Case No. 230 of 2007 under Ss. 364/302/201/34 of the Indian Penal Code. In this complaint it has been alleged that his brother Kamal Molla was abducted by the accused persons named in the FIR, on the pretext of giving him a job at Gujarat and on the way to his destination at Gujarat, his dead body was found on a Railway Track within the jurisdiction of Chakradharnagar Police Station at Chhatisgarh. According to the complainant, he was killed inside the compartment in the running train and his body was thrown on the Railway Track. Following the discovery of the dead body an unnatural death case was registered at Chakradharnagar Police Station, and post mortem was held and the police commenced investigation.
(2.) It is now submitted by the learned advocate of the petitioner that in the meantime, behind the back and without any notice to the defacto complainant, the Investigating Officer, for some oblique purposes and motivatedly moved an application before the Learned Additional Chief Judicial Magistrate, South 24 -Parganas, Alipore, for transferring the aforesaid Bishnupur Police Station Case No. 230 of 2007 for investigation to the Chakradharnagar Police Station, where the investigation of the unnatural death case was registered when the Learned Magistrate allowed such prayer without any notice to the defacto -complainant and denying him the opportunity of hearing. It is vehemently urged before this Court that order is absolutely illegal and without jurisdiction, which has been passed without notice to the informant, in clear violation of the principles of natural justice.
(3.) On the other hand, Mr. Debobrata Roy, the learned advocate of the State produced the Case Diary and submitted although he is not supporting the role of the police that they shall move a court for transfer of the investigation without any notice to the informant, but the order for transfer has been finally passed by a court. He further submitted already pursuant to the court's order the original case diary relating to the Bishnupur Police Station Case No. 230 of 2007 has been made over to the Chakradharnagar Police Station for investigation. The copy of the application for transfer and the memo of evidence be kept with the records. According to Mr. Roy at this stage no useful purpose will be served by interfering with the impugned order, otherwise the investigation already done by the Chakradharnagar Police Station would be hampered.;