Calcutta High Court (Appellete Side)
Prosen @ Prasenjit Biswas vs The State Of West Bengal & Ors on 17 June, 2009
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
Form No. J (1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy C.R.R. No. 1326 of 2009 Prosen @ Prasenjit Biswas versus The State of West Bengal & Ors.
For Petitioner : Mr. Navanil De For State : Mr. Sandipan Ganguly Heard On : May 11th, 2009. Judgment On : 17-06-2009.
This application under Section 407 of the Code of Criminal Procedure brought before this Court by the defacto-complainant, seeking transfer of the Sessions Serial No. 701/05, now pending before the Learned Additional Sessions Judge, 4th Court, Murshidabad to any other Sessions Court, on the ground that the particular Sessions Court is now lying vacant. In connection with this application a report was called for from the Registrar (Judicial Service), High Court, Calcutta as to the present position of the Court concerned and accordingly a report has been submitted. It appears from the said report that the particular Court is still lying vacant since July 8, 2006 and except the Court of the Learned Sessions Judge and the Court of the Learned Additional District and Sessions Judge, 2nd Court, Murshidabad and the Fast Track Courts, all courts are lying vacant.
2. Heard Mr. Navanil De, learned advocate, appearing on behalf of the petitioner and Mr. Sandipan Ganguly, learned advocate, appearing on behalf of the State. None appears on behalf of the accused/opposite parties.
Affidavit of service showing that service has been duly effected upon them filed in Court be kept with the records.
3. The Sessions Case in question relates to the offences punishable under Sections 302/120B/34 of the Indian Penal Code. The FIR of the case was lodged on February 18, 2001 by the present petitioner and charge-sheet was submitted on July, 2001. Thereafter, the case was committed to the Court of Sessions and the trial was commenced before the Learned Additional Sessions Judge, 4th Court, Murshidabad and the charge was framed on February 13, 2006. In the meantime, another accused, the accused/opposite party no. 9, Balaram Ghosh appeared in Court and a date was fixed for consideration of charge as far as he is concerned. However, on and from July 8, 2006, the Court of the Learned Additional District & Sessions Judge, 4th Court, Murshidabad became vacant due to the transfer of the Learned Judge and there has been no progress in the trial. Thus, this case pending for more than eight years from the date of occurrence and for more than two years after framing of charge, without any progress.
In such circumstances, I am of the opinion, it would be expedient in the interest of justice that the Sessions Serial No. 701 of 2005, which is now pending before the Learned Additional Sessions Judge, 4th Court, Murshidabad be transferred to any other Court which is regularly functioning.
Accordingly, I direct that the Sessions Serial No. 701 of 2005, now pending before the Learned Additional Sessions Judge, 4th Court, Murshidabad be transferred to the Court of the Learned Sessions Judge, Murshidabad and the Learned Sessions Judge, Murshidabad shall be at liberty to either hold the trial by himself or may transfer the case for trial to any other competent Sessions Court which is regularly functioning. The transferee Court is directed to proceed with the trial on a continuous basis and strictly in terms of Section 309 of the Code of Criminal Procedure and not to grant any unnecessary adjournment to either of the parties unless the Court feels the same is necessary for ends of justice. The transferee Court is further directed that upon communication of this order it shall forthwith issue notices to the accused/opposite parties to ensure their appearance in Court.
The Learned Advocate of the petitioner is also directed to communicate this order to all the accused/opposite party nos. 2 to 9 under registered post with A/D, for taking necessary steps in this regard.
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. )