Arindam Lodh, J. -
(1.)In a peculiar circumstance, Secretary, Home Department, Government of Tripura, representing the State of Tripura has moved the instant petition under Sec. 407 of CrPC read with Sec. 482 of CrPC to withdraw and transfer case No.ST(T-1) 103 of 2019 from the Court of learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala to any other Court of competent jurisdiction within West Tripura Sessions Division, and further to quash and set aside the order dtd. 20/12/2021 passed by learned Addl. Sessions Judge in the aforesaid case whereby the learned Addl. Sessions Judge directed (i) The State of Tripura(being represented by the Secretary, Law Department, Government of Tripura), (ii) Ld. Senior Advocate Mr. Samrat Kar Bhowmik and (iii) Ld. Advocate Mr. Anirban Bhattacharjee, to show cause within two weeks as to why the petition filed by the prosecution dtd. 20/12/2021 for expunction of remarks would not be referred to the High Court of Tripura for drawing contempt proceedings against them.
(2.)A criminal trial had been in seisin in the Court of learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala. The respondents were put on trial being charged under Ss. 302/34 of Indian Penal Code. On 17/12/2021, it was fixed for re-examination of witnesses, namely Sri Kishore Kumar Paul(PW2) and Smt. Mitra Das(PW10), the J.M. 1st Class, Belonia, South Tripura. On 16/12/2021, the appointed Special Public Prosecutor, Mr. Samrat Kar Bhowmik, learned Sr. Advocate had telephonic discussions with his witness Smt. Mitra Das for three times wherein the witness informed him that she would be extremely busy on 17/12/2021 with her regular judicial duty in addition to her works relating to Juvenile Justice Board, and requested the learned senior counsel to take an adjournment.
(3.)On perusal of the petition filed by the prosecution praying for adjournment, it transpires that the adjournment prayer was made on two grounds, firstly, "That Smt. Mitra Das being the Principal Magistrate Juvenile Board and Civil Judge(Jr. div) and J.M. 1st Class, Belonia is having her duty in Juvenile Board and regular bench works for which she may not be available today." and secondly, he would be would be awfully busy with the cases in the High Court.