JUDGEMENT
SHIVAKANT PRASAD,J. -
(1.) This is an application for extension of interim order arising out of revisional application being CRR 3300 of 2015 whereby the petitioner has prayed for transfer of criminal proceedings of GR Case No. 144 of 2012 arising out of Chandannagore Police Station Case No. 27 of 2012 under Sections 147/148/427/448/606/323/341/379/120B/34 of the Indian Penal Code, 1860 pending before the Court of the learned Judicial Magistrate, 2nd Court at Chandannagore, Hooghly.
(2.) The grounds taken for transfer of criminal proceedings from the Court of the learned Judicial Magistrate, 2nd Court, Chandannagore as made out in paragraphs 6,8 and 9 reads thus:-
"That the petitioners state that after purported investigation the investigating agency filed charge sheet against the petitioners herein. After taking purported cognizance the learned Additional Chief Judicial Magistrate at Chandannagore was pleased to transfer the case of the Court of the learned Judicial Magistrate, 2nd Court at Chandannagore. On 25.06.2014 the petitioners filed an application before the learned trial Court for ventilating their grievances to the effect that they were unable to get any legal representation before the learned trial Court since the opposite party no. 2 happens to be a member of the concerned Bar Association.
That the petitioners' right to be defended by a counsel of the litigant's choice is his exclusive prerogative. Unless he states that he is competent or unable to secure an Advocate of his own choice the question of trusting a counsel upon him does arise. The allegations are serious under different sections of the Indian Penal Code, 1860. If the petitioners were to be found guilty serious punishment could follow. It will be justice if such a punishment is arrived at without adequate opportunity to them to defend their case. The relationship between the counsel and his client is that of trust and faith. The litigant reposes faith in the counsel that the lawyer shall see him through his troubled waters. A litigant will never engage a counsel in whom he does have faith or confidence of his legal process.
That in the facts and circumstances of the case it is noticed that the local Bar has informally decided to defend the petitioners. Justice is the hallmark of a civilized society. The lawyers are the tools through which dispensation of justice is achieved. If those who are required to assist in the dispensation of justice turned their faces, justice itself may become a casualty, with its attendant consequences on the society. "
(3.) I have been taken through the FIR and certain orders passed by the learned Judicial Magistrate, 2nd Court, Chandannagore.;
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