MANORATH RANG Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, who has been facing a custody trial along with three others relating to offences punishable under Ss. 366/376/120B of the Indian Penal Code before the Learned Additional Sessions Judge, 16th Court, Alipore, has moved this application for transfer of his trial to some other Court on the ground the Court concerned is lying vacant.

(2.) It was submitted by the Learned Counsel of the petitioner that his client was in jail for the last four years and in this case the examination of all the prosecution witnesses has been completed except the Investigating Officer of the case.

(3.) The right to speedy trial is a fundamental right of an accused guaranteed under Article 21 of the Constitution and such right become more strengthens, when an accused is facing a custody trial.