STATE OF WEST BENGAL Vs. GANGADHAR DAWN AND ORS.

JUDGEMENT

(1.) The State of West Bengal has preferred this revisional application against the order of the learned Sessions Judge allowing an application under Sec. 498 Criminal Procedure Code for transfer made by the accused in a Sessions case sometime after the trial of that case began before an Additional Sessions Judge.

(2.) The view of the petitioner is that in view of the provision of Sub -section (2) of Sec. 409 of the Code of Criminal Procedure, the Sessions Judge can send such a case from one Court of the Additional District Judge to another Additional Court of District Judge before the trial case began in that Court. Sec. 409 of the Code of Criminal Procedure runs thus:

(3.) The learned Advocate for the opposite parties on the either hand argued that in view of the provision of Sec. 408 of the Code of Criminal Procedure, the Sessions Judge can transfer any case from one criminal Court to another criminal Court at any time irrespective of the fact as to whether the trial of that case has begun or not. The provision of Sub -section (1) of Sec. 408 runs thus: