Joymalya Bagchi, J. - (1.) Petitioner prays for transfer of proceeding in Special Case No. 12/2011 pending before the learned Special Judge, CBI Court, Alipore, South 24 - Parganas arising out of RC No. 0102010A0028 dated 23rd August, 2010 under Sections 420/409 of the Indian Penal Code read with Sections 13(2)/13(1)(c) and (d) of the Prevention of Corruption Act, 1968 on the ground of bias of judicial personnel.
(2.) Petitioner is facing trial in the instant case since 2013 when charge was framed against the petitioner on 21st September, 2013. On and from 5th December, 2013 prosecution witnesses were examined and such examination was concluded on 24th November, 2016 whereupon dates were fixed on 19th December, 2016, 20th December, 2016 and 3rd January, 2017 respectively for examination of the petitioner under Section 313 of the Code of Criminal Procedure. On 3rd January, 2017 learned advocate for the petitioner sought for time to go through the evidence in the records of the case and the matter was again fixed for examination of the petitioner under Section 313 of the Code of Criminal Procedure on 5th January, 2017. On that date, petitioner made an application for recalling of most of the prosecution witnesses namely, PW1 to 6 on the ground of inartistic examination by his previous lawyer. Such prayer came to be rejected by the trial court by order dated 11th January, 2017 and date was fixed for examination of defence witnesses on 12th January, 2017 and 13th January, 2017, in default, for arguments. It may be apposite to note that the order dated 11th January, 2017 refusing the prayer to recall the prosecution witnesses has been upheld by this Court in C.R.R. 224 of 2017 by order dated 31st January, 2017. On 12th January, 2017 prayer was made on behalf of the defence to allow him to talk to his witnesses as to their convenience to appear before the trial for adducing evidence. Under such circumstances, the case was adjourned and matter was fixed on 13th January, 2017. On 13th January, 2017 petitioner came up with a prayer for examination of six defence witnesses on various dates upto July, 2017. Such prayer, however, did not find favour with the trial court who while rejecting the same observed that the petitioner had been extended 'misplaced sympathy' and fixed the matter for examination of defence witnesses on 30th January, 2017 and 31st January, 2017 and for arguments on 4th February, 2017. At this stage, the petitioner has approached this Court praying for transfer of the proceeding on the ground that the trial Judge is conducting the proceeding contrary to the fair procedure contemplated in law and exposed bias towards the defence.
(3.) Mr. Sandipan Ganguly, learned senior advocate, appearing for the petitioner submitted that the trial Judge acted unfairly in refusing to extend adequate opportunity to the defence to examine his witnesses who are residing/working for gain at various places in the country and in an unfair manner and directed all the defence witnesses to be examined by 31st January, 2017. He accordingly, prayed for transfer of the proceeding.;