- (1.) Invoking Section 407 of the Code of Criminal Procedure, the present petitioner who has been facing a custody trial before the Learned Additional Sessions Judge, 2nd Court, Alipore of a charge under Sections 395/397 of the Indian Penal Code along with four others, has now approached this Court for transfer of the trial to any other competent Court within the same Sessions Division on the ground that the said particular Court is lying vacant. In this connection, a report was called for from the Learned Registrar (Judicial), as regards to the present status of the Court, and accordingly a report has been submitted and the same is with the records.
(2.) The trial in question is an outcome of an First Information Report registered on 27th August, 2002 with the Ballygunj Police Station under Sections 395/397 of the Indian Penal Code. Thereafter, on 25th September, 2002 the petitioner was arrested by the police and subsequently on 15th November, 2002 police submitted charge-sheet against the petitioner and four others for the selfsame offences. Then the charge was framed on 30th June, 2003, but till date out of total 43 witnesses, already the prosecution has examined 42 witnesses, except the Investigating Officer of the case. It appears from the report submitted by the Learned Registrar (Judicial), the Court concerned is lying vacant since 1st June, 2009 following the retirement of the Presiding Officer. Admittedly, this criminal case is pending for more than 7 years from the date of its institution and the petitioner is in custody.
(3.) In view of the above, I direct the Sessions Trial No. 1 (6)/03, now pending before the Learned Additional Sessions Judge, 2nd Court, Alipore be transferred to the Court of the Learned Sessions Judge, Alipore. The Learned Sessions Judge shall have the liberty to either hold the trial himself or to transfer the same to any other competent Court for disposal. The transferee Court is directed to make all necessary endeavours to conclude the trial as expeditiously as possible, within six months from the next date fixed for recording of evidence. It is further directed the trial must be proceeded strictly in terms of provisions of Section 309 of the Code of Criminal Procedure. The criminal revision is, thus, disposed of. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.;