- (1.) The petitioner has preferred this revision under Section 482 of the Code of Criminal Procedure challenging the order dated February 19, 2015 passed by learned Additional Sessions Judge, 16th Court, Alipore, in Sessions Trial no.9 (2) of 2015 and for direction upon learned Judge of the court below to dispose of the application filed by the petitioner on April 29, 2015.
(2.) Affidavit-of-service filed on behalf of the petitioner is kept on record. It appears from record that the petitioner is facing trial before the court of learned Additional Sessions Judge, 16th Court, Alipore, on the allegation of committing offence under Sections 376/417/313 of the Indian Penal Code.
(3.) Mr. Phiroze Edulji, learned counsel appearing on behalf of the petitioner, contends that the petitioner filed an application before the trial court on February 19, 2015 praying for accommodation on the ground that the learned counsel engaged by the petitioner returned the brief and that the petitioner was not in a position to engage another learned counsel to represent the petitioner before the trial court on the said date. Mr. Edulji specifically submits that learned Judge of the court below framed charge against the petitioner on February 19, 2015 without considering the application filed by the petitioner on the said date before the trial court. The certified copy of the said application (annexure p/7) is annexed to the revisional application. Mr. Edulji also submits that the application submitted by the petitioner on April 29, 2015 praying for supply of copies of some documents has not yet been disposed of by the learned Judge of the trial court.;