- (1.) INVOKING Section 407 of the Code of Criminal Procedure, the petitioner, who is facing a custody Trial, moved this application for transfer of the said trial from the Court of the learned Additional Sessions Judge, 2nd Court, Kandi, murshidabad, to any other Sessions Court within the same sub-division on the sole ground that no learned Advocate is participating in any case before that particular Court in terms of the resolution taken by the members of the Kandi bar Association.
(2.) MR. Navanil De, the learned Advocate appearing on behalf of the petitioner, submitted that in connection with this case the present petitioner is in custody since March 1,2007 and charge under Section 376/511 of the Indian penal Code was framed against him on May 23, 2008. But, due to the call of boycott, although several dates wore fixed for recording of evidence, there has been no progress in the Trial. Accordingly, he prays that the case be transferred to some other Sessions Court within the same sub-division.
(3.) MR. Prabir Majumder, learned Advocate appearing on behalf of the state, submitted that it is true the Advocates are not attending this particular court where the Trial of the present petitioner is pending and petitioner is facing a custody Trial. He submitted that if the case is transferred to any other sessions Court within the same sub-division, the prosecution has no objection.;