Calcutta High Court (Appellete Side)
2198/2010 on 28 July, 2010
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
.2010 CRR No. 2198 of 2010 In Re:- Ashoke Dey & Anr. petitioners Mr. Debasish Roy, Mr. partha Pratim Sarkar for the petitioners Mr. Debobrata Roy for the State Heard Mr. Debasish Roy, for the petitioners as well as Mr. Debobrata Roy, for the State. Perused the materials on record.
Invoking Section 407 of the Code of Criminal Procedure, the present petitioners, who have been facing custody trial of a charge under Section 376(2)(a)(g)/201/34 of the Indian Penal Code before the Learned Additional Sessions Judge, Fast Tract, lst Court, Alipore, South 24-Parganas have moved this court for transfer of the said trial to some other competent court on the ground that the court is lying vacant.
It is submitted by the learned advocate appearing on behalf of the petitioners that initially the petitioners were granted bail sometime in the year 2002 but thereafter as they jumped bail, their bail was cancelled and since May, 2002, almost for about eight years, they are inn custody. He further submitted that trial is now fixed for argument and in the meantime the court has become vacant and on yesterday the argument was adjourned till August, 2010.
In this connection a report was called for from the Learned Registrar (Judicial Service) as regards to the present status of the concerned court and the report has been received and is lying 2 with the records. It appears from the said report that the court concerned is lying vacant since May 12, 2010.
Mr. Roy for the State in his usual fairness did not oppose the prayer for transfer of the trial.
Now, having regard to the facts that right of speedy trial is a fundamental right of an accused guaranteed under Article 21 of the Constitution coupled with the facts that the trial has reached almost at its fag end and the petitioners are in custody as under
trial prisoner for pretty long time, it is directed that the trial in question be transferred to the court of the Learned Sessions Judge, South 24-Parganas within two weeks from this date and the Learned Sessions Judge shall be at liberty to either hold the trial by herself or to transfer the same to any other competent court for holding the trial. The transferee court is directed to take all endeavours to conclude the trial as expeditiously as possible, preferably within a period of four months from the date of receipt of the records.
This criminal revisional application is thus disposed of. Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible.
(Ashim Kumar Roy,J.)