TARULATA KALA Vs. STATE
LAWS(CAL)-1996-10-3
HIGH COURT OF CALCUTTA
Decided on October 07,1996

TARULATA KALA Appellant
VERSUS
STATE Respondents


Referred Judgements :-

RADHEY SHYAM VS. STATE OF U P [REFERRED TO]


JUDGEMENT

- (1.)Heard the submission of the learned Advocate for the petitioner Mr. S. S. Roy appearing with Mr. Prabir Kr. Mitra considered the materials on record. This revision under Section 401/482 of the Cr. P.C. is against order No. 2 dated 5-9-1996 passed in Crl. Misc. Case No. 1354/96 by the learned Additional Sessions Judge, Contai, District Midnapore, whereby the learned Sessions dismissed the application of the de facto-complainant for transfer of the case as made under Section 408 of the Cr.P.C. 1973.
(2.)The short background of the case is that the de facto -complainant is the mother of the deceased Namita Das @ Laxmi Das, who was married to Shaymal Das. Some time on 4-2-1994, the said Namita Das was found hanging in her matrimonial home resulting in filing of an F.I.R. by the de facto-complainant, whereupon Contai P.S. Case No. 36/94 dated 4-2-1994 was registered for an offence under Section 498/34/302/34 of the I.P.C. The investigation commenced and closed. Thereafter, charge was framed against the accused persons by the learned Additional Sessions Judge on 8-4-1996 and the trial commenced Prosecution adduced evidence through its witnesses. The accused persons were examined under Section 313 of the Cr.P.C. They entered into their defence. Three defence witnesses were examined. At this stage an application by the de facto-complainant, under Section 408 of the Cr.P.C. for transfer of the case from the court of the learned Additional Sessions Judge to some other court of Additional Judge was made and upon that application under Section 408, Crl. Misc. Case No. 1354/96 was registered in the Court of the learned Sessions Judge, Midnapore.
(3.)After hearing both the parties the learned Sessions Judge rejected that petition on the ground that he has no power to transfer the case under Section 408 after the commencement of the trial as the charge has already been framed.
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