- (1.) This is an application under Section 407 of the Cr.P.C. in which the petitioner is the accused in the Sessions Trial No. 03(02)11 pending in the Ld. Court of the 17th Additional Sessions Judge at Alipore. In the application the petitioner has made certain aspersions against the conduct of the learned Trial Judge. He has also placed a certified copy of the Order No. 43 passed by the learned Court below on 1st July 2015 from which it transpires that the learned Trial Judge had suo motto changed the defence lawyer provided to conduct the case of the petitioner, when further time was prayed for in view of pendency of this revisional application.
(2.) The grievance of the petitioner at this stage is that the approach of the learned Trial Court is manifestly proactive, and his legal right under Section 303 of the Cr.P.C. has also been infringed.
(3.) This Court is not inclined to pass any value judgment upon any conduct imputed to the learned Trial Court. Suffice it to say, if the petitioner has any misgivings about the fairness of the Trial Court, this Court can intervene only to allay his apprehensions in that regard, without for a moment assuming that there is any actual substance or reason behind such apprehension. It transpires that evidence of all the witnesses in the case excepting the Investigating Officer has already been completed. As such even if the case is transferred to any other Court of competent jurisdiction, there cannot be an undue delay in disposal of the same in completion of the trial.;