Asim Kumar Roy, J. - (1.) The present petitioner along with four others, who have been facing a custody trial before the Learned Additional Sessions Judge, Fast Track 2nd Court, Purulia, of a charge under Ss. 395/412 of the Indian Penal Code and Ss. 25/27 of the Arms Act, has now approached this Court for transfer of the trial to any other competent Court on the ground that the Court concerned is lying vacant.
(2.) It was contended that already the recording of evidence of the prosecution witnesses was over and since June 25, 2005 the case was pending at the stage of examination of the accused under Sec. 313 of the Code of Criminal Procedure. However, the progress of the trial has been halted due to the absence of the Learned Judge. In this connection this Court called for a report from the Learned Registrar (Judicial Service), High Court, Appellate Side, Calcutta and the report was submitted. It appears from the said report that the Learned Judge, having suffered a severe fracture injury on her spinal cord, is on medical leave. The Learned Counsel appearing for the State did not oppose the prayer for transfer of trial.
(3.) Now, having considered the submissions made on behalf of the parties and the materials on record, I direct the trial in question be transferred to the Court of the Learned Sessions Judge, Purulia, within fifteen days from the date of communication of this order and the Learned Sessions Judge shall have the liberty to either hold the trial by himself or to transfer the same to any other competent Sessions Court for disposal. It is further directed the Transferee Court shall make all endeavours to conclude the trial as expeditiously as possible preferably within six months from the date of receipt of the records. The Transferee Court shall proceed with the case strictly in terms of the provisions of Sec. 309 of the Code of Criminal Procedure. This application, thus, stands disposed of. Criminal Sec. is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.;