MADHUMATI MITRA,J. - (1.) This is an application under Section 407 of the Code of Criminal Procedure filed by the petitioners praying for transfer of the proceedings of G.R. Case No.7 of 2009 arising out of Kurseong Police Station Case No.7(1)/2009 under Section 364 of the Indian Penal Code from the Court of Learned Additional Chief Judicial Magistrate, Siliguri to the Court of Learned additional Chief Judicial Magistrate, Kurseong. Petitioners have also challenged the impugned order dated 11.12.2012 passed by the Learned Sessions Judge, Darjeeling.
(2.) The present petitioners are the FIR-named accused persons in respect of Kurseong Police Station Case No.7 of 2009 dated 02.01.2009 under Section 364 of the Indian Penal Code.
(3.) The brief facts which are essential for disposal of the present Revisional Application may be narrated as under:- Officer-in-charge at Garidhara outpost under Kurseong Police Station on 02.01.2009 lodged one suo moto complaint stating that on that date at about 9.05 hrs. when the complainant and other officer were escorting on different police vehicles five FIR-named accused persons who had been arrested in connection with Kurseong Police Station Case No.01/09 dated 01.01.2009 under Sections 326/307/326/34 of the Indian Penal Code, the arrested accused persons attacked them along with an armed mob to GJMM party supporters on their way to kurseong Court at about 11.50 hrs. It was alleged that the said armed mob became very aggressive and violent and starting setting fire to the police vehicle. The principal accused person namely Nirmal Diyali was kidnapped by the mob and the other accused sustained injuries due to that attack. On the basis of that FIR Kurseong Police Station Case No.7(1) of 2009 under Section 364 of the Indian Penal Code was initiated against the FIR-named accused persons. Investigation culminated in submission of charge-sheet against all the FIR named accused persons for commission of alleged offences punishable Under Section 364 of the Indian Penal Code. ;