Calcutta High Court (Appellete Side)
CRR-3935-2017 on 13 July, 2018
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 (345) 13.07.2018
(p.j.) C.R.R. No. 3935 of 2017 In re : Damodar Prasad Banerjee ...Petitioner Mr. Samiran Mandal ... for the petitioner Heard the learned counsel for the petitioner who moves this application whereunder the petitioner has challenged the order no. 17 dated 06.11.2017 passed by the learned Sessions Judge, Bankura rejecting the petition under Section 408 Cr.P.C. The petitioner had prayed that the Sessions Case No. 10(6)15 arising out of G.R. 217 of 2013 and Special Case No. 3 of 2010 out of G.R. Case No. 880 of 2007 pending before the learned Additional Sessions Judge, 3rd Court, Bankura being heard together prayed for transfer of the case no. 10(06)15 from the Court pending before the learned Sessions Judge, Bankura to the Court of the learned Additional Sessions Judge, 3rd Court, Bankura. While rejecting the application the Sessions Judge, Bankura made the following observation :
"It is very interesting to note that such application u/S 408 of Cr.P.C. is filed in the year 2015 and till date the hearing could not be conducted as the petitioner by filing one adjournment petition and other has been dragging the same for reasons best known to him.
That in the record, I find skeleton record of Special Case No. 03 of 2010 u/S 409,420 IPC where Damodar Prasad Banerjee is the accused. The original record is lying in the Hon'ble High Court in connection with CRR No. 1542/13.2
I find there is a Special Case No. 08 of 2015 arising out of G.R. Case No. 217 of 2013 u/S 406,420,472 IPC against the accused Damodar Prasad Banerjee.
Since there is no original record of the Special Case No. 3 of 2010 the prayer for getting the said case record and the Special Case being No. 08 of 2015 tried together appears absurd. Thus the petition u/S 408 of Cr.P.C. is rejected.
Return the skeleton record to the concerned court. Accordingly, the instant Criminal Misc. Case u/S 408 of Cr.P.C. is hereby dismissed."
Having heard the learned counsel for the petitioner and bearing in mind the grounds taken therein and the reason assigned while passing the order, I do not find any reason to interfere into the merits of the order passed by the learned Sessions Judge. He has rightly made the observation in his order quoted above.
Thus, I do not find any ground and the order impugned not being devoid of merit. Therefore, the revisional application stands dismissed.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Shivakant Prasad, J.)