P SRIDHAR Vs. STATE

JUDGEMENT

(1.) HEARD on merits.

(2.) SC. 9/1997, for offences under Ss. 302, 201, 379 r/w S. 34, I. P. C. is pending on the file of the learned IXth Additional City Civil and Sessions Judge, Bangalore (CCH. 2 ). Trial is complete and it is at the stage of arguments. In the meantime, by the impugned notification dated 10-8-2001, under sub-sections (2) and (3) of S. 409, Cr. P. C. , the learned Principal City Civil and Sessions Judge, Bangalore, has withdrawn the said Sessions Case from the file of the learned IXth Additional City Civil and Sessions Judge, Bangalore, and has made it over to the Fast-Track Court.

(3.) SUB-SECTION (2) of S. 409, Cr. P. C. enables a Sessions Judge to recall any case before the Additional Sessions Judge at any time before the trial has commenced. On such recalling of that case, sub-section (3) of S. 409, Cr. P. C. then provides that the Sessions Judge may either try the case himself or make it over in accordance with the provisions of the Code to another Court for trial. As is evident from sub-sec. (2) of S. 409, Cr. P. C. , recalling of a Sessions Case by the Sessions Judge from the Court of Additional Sessions Judge, either for trying it himself or for making it over to another Court, can be done before the commencement of trial. Here is a case, wherein the trial has already commenced and it is now at the stage of arguments. At that stage, in respect of that particular case, sub-section (2) of S. 409, Cr. P. C. did not permit the said case to be withdrawn by the Sessions Judge. Petition is, therefore, allowed. Impugned order in so far as it relates to SC. 9/99, on the file of the learned IXth Additional City Civil and Sessions Judge, is set aside. Petition allowed.