R.R. Prasad, J. - (1.) A complaint was lodged on 20.10.2000 by the complainant against the petitioner which was sent to the police station for registration and, accordingly, Rajmahal P.S. case No. 183 of 2000 was registered under Sections 493, 376, 120B of the Indian Penal Code. On completion of investigation, the charge sheet was submitted, upon which cognizance of the offence was taken and the case was committed to the court of sessions. On its committal, case was registered as S.C. No. 42 of 2002 and the learned Sessions Judges transferred the case to the court of Additional Sessions Judge, F.T.C, Rajmahal where, according to the case of the petitioner, evidences were recorded and upon the closure of the case of the prosecution, statement of the accused was also recorded and the court even heard argument advanced on behalf of the defence on 10.12.2008 and the next date was fixed on 19.12.2008, on which date, the petitioner came to know that the case has been recalled by the learned Sessions Judge, Sahebganj to his own file. Subsequently on 27.1.2009, when the petitioner appeared there, submission was made to fix the case at Camp Court, Rajmahal. However on 8.7.2009, the case was transferred to the Additional Sessions Judge 1st, Rajmahal for disposal.
(2.) THEREAFTER a Misc. Petition being Cr. Misc. (Transfer) Petition No. 18 of 2009 was preferred before the learned Sessions Judge wherein prayer was made to recall the case from the file of Additional Sessions judge 1st, Rajmahal and to transfer it to the court of Additional Sessions Judge -cum -FTC, Rajmahal for its disposal but that application was dismissed on 21.11.2009 (Annexure 3). Being aggrieved with that order, this application has been filed.
(3.) THE impugned order was sought to be quashed on the ground that the Sessions Judge had no jurisdiction to withdraw/recall the case from the court of Additional Sessions Judge -cum -FTC as the FTC had not only recorded the evidence but had also heard the argument in part and in such situation, bar has been put under Section 409(2) of the Code of Criminal Procedure for recalling the case from the court where hearing of the case has commenced.;