AMIT GHOSAL Vs. TUSHAR HALDAR & ANR.

JUDGEMENT

(1.) This revisional application is against an order dated 19.8.92 passed by the learned Additional Sessions Judge, 6th Court, at Alipore and Sessions Case No. 44(7)/88 thereby allowing the application of the accused opposite party No. 1 under Sec. 307 of the Code of Criminal Procedure.

(2.) After completion of investigation a charge-sheet was submitted by the Investigating Agency against the accused opposite party No. 1 and others under Sections 395/397 of the Indian Penal Code on 25.5.87. Thereafter the case was committed to the Court of Sessions, City Sessions Court at Calcutta and was registered as Sessions Case No. 390/87. It appears that on an application moved by the petitioner in this Court, the Sessions Case was transferred by this Court to the Sessions Division, 24 Parganas (S) at Alipore. At present the Sessions case having been numbered at Sessions Case 44(7)/88 is now pending for trial in the Court of learned Additional Sessions Judge, 6th Court, South 24 Parganas at Alipore.

(3.) It appears that on 28.1.88 the accused opposite party No. 1 filed an application under Sec. 307 of the Code of Criminal Procedure before the learned Judge, 7th Bench, City Sessions Court at Calcutta praying for tendering pardon to him in the said case. As the said application was not heard by the said Court the opposite party No. 1 filed an application on 6.12.88 before the learned Additional Sessions Judge, 6th Court, Alipore with a prayer for hearing of the said application under Sec. 307, Crimial P.C. on the next date. Thereafter the matter was taken up for hearing by the learned Judge and by an order dated 8.12.88 the said application under Sec. 307, Crimial P.C. was rejected. Challenging the said order the accused opposite party No. 1 moved a revisional application before this Court which was numbered as Criminal Revision 236/89. The said application was disposed of by this Court and by an order dated 22.9.89 the Honourable Justice Amal Kr. Chatterjee (as His Lordship then was) disposed of the said revisional application of the accused opposite party No. 1 with a direction upon the learned Court below lo consider and decide the matter afresh in accordance with law after giving all the parties an opportunity of being heard with utmost expedition. Thereafter as per direction of this Court the matter was taken up for hearing by the learned Trial Judge and on 19.8.92 the learned Judge allowed the prayer of the accused opposite party No. 1 to allow him to become an approver of the case. Against such order of the learned Judge the petitioner came up before this Court in revision.