Calcutta High Court (Appellete Side)
1082/1082 on 19 April, 2010
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
9.04.2010
53) C.R.R. No. 1082 of 2010 In re : Babu Sona @ Rohid Sk. ... Petitioner Mr. Sujan Chatterjee ... for the petitioner Mr. Rash Behari Mahato ... for the State Leave is granted to the Learned Counsel for the petitioner to correct the Cause Title. Heard Mr. Sujan Chatterjee, Learned Counsel, appearing on behalf of the petitioner as well as Mr. Rash Behari Mahato, Learned Counsel, appearing on behalf of the State.
Invoking Section 407 of the Code of Criminal Procedure, the petitioner, who has been facing his trial before the Learned Additional Sessions Judge, Fast Track 2nd Court, Nadia, relating to offences punishable under Sections 302/326/34 of the Indian Penal Code, has moved this Court for transfer of the trial on the ground the Court concerned is lying vacant.
It is submitted that the aforesaid case was registered on April 07, 2000, and the trial was commenced in the year 2009, and till date about six witnesses have been examined. But on and from March 19, 2010, there has been no progress in the trial because the Trial Court has become vacant. On behalf of the State it is submitted that the petitioner has to face custody trial because after being released on bail, their bail was cancelled as they did not turn up in the Court on the date fixed for trial. In connection with this case, this Court called for a report from the Learned Registrar (Judicial Service), High Court, Calcutta. According to such report, the Court concerned is lying vacant since November 01, 2009 due to transfer of the Presiding Officer of the case.
In this case, I do not find that there is any inordinate delay in conclusion of the trial which was commenced in the month of January, 2009.
In such view of the matter, it is directed if the Court in question is not filled up within six months from this date, then in that case the trial be transferred to the Court of the Learned Sessions Judge, Nadia, and the Learned Sessions Judge, Nadia, shall make necessary arrangement within four months thereafter either to hold the trial by himself or transfer the case to any other competent Court. It is further directed the Transferee Court shall take all necessary endeavours to conclude the trial as expeditiously as possible preferably within 10 (ten) months from the date of transfer of the case.
This Criminal Revision is, thus, disposed of.
Criminal Section is directed to supply the urgent Photostat certified copy of this order to the parties, if applied for.
(Ashim Kumar Roy, J.)