- (1.) This Application filed under Section 407 read with section 482 of the Code of Criminal Procedure seeks to transfer the Sessions Case No. 227 of 1999 (Corresponding to Chinsurah Police Station Case No. 9/99 dated 8.12.99 under Sections 324, 326, 302 34 of the Indian Penal Code and section 9(b)(ii) of the Indian Explosives Act.
(2.) Several ground have been made out in support of the prayer for transfer of the aforesaid Sessions Case which is pending before the learned Additional Sessions Judge, 2nd Court, Chinsurah for the purpose of framing of charge. The principal ground for such transfer as propounded by Shri Himangshu Kumar De, learned Counsel appearing on behalf of the petitioner being assisted by Shri Arunava Jana is that the place of incident at Pratappur is situated within half kilometer away from the Chinsurah Court and 302 signatories have requested the Secretary of the Bar not to render any legal service to the petitioners. Shri De has further submitted that there is a general atmosphere of tension in the locality which possesses the serious threat of security of the accused. It has also been greatly highlighted by Shri De that non-availability of the facility of a competent legal service as in view of the extraordinary situation many senior Criminal Lawyers of the Bar has refused to defend the accused and as such they will not be able to defend then unless the case is transferred from the Chinsurah Court.
(3.) Shri Ashimesh Goswami, learned lawyer appearing on behalf of the de facto complainant, Samar Deb has opposed the submissions made on behalf of the Petitioners. Shri Goswami has filed an affidavit-in-opposition denying all the allegations made in the application filed by Shri De. Shri Goswami has submitted that there are several women witnesses and it would be very difficult for them to travel to a distant place if the trial is shifted from Hoogly District and they will be scared in a different atmosphere. He has also stated that the trial is yet to begin as it is the stage of framing of charge and the actual trial will take place after a couple of month and hence the apprehensions of the accused are not substantial. It has further been denied that such representation has been made on behalf of his client requesting the Members of the Local Bar not to conduct and accept the case of the petitioners and if there be any representation at all his client does not associate himself with the same.;