MIHIR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this criminal revision is an order passed by the Learned Sessions Judge, Barasat, North 24-Parganas rejecting the petitioner?s prayer for transfer of the G.R. Case No. 1146 of 2007 from the Court of the Learned Judicial Magistrate, 1st Court, Basirhat to the Court of Learned Additional Sessions Judge, Fast Track, 1st Court, Basirhat, where the Sessions Case No. 5 (7) of 2008 arising out of G.R. Case No. 1146 of 2007 is pending.

(2.) Heard Mr. Subrata Kumar Basu, learned advocate for the petitioner and Mr. Amajit De, learned advocate for the State as well as Mr. Moinak Bakshi, learned advocate for the opposite party No. 2. Perused the materials on record.

(3.) A FIR being lodged at the behest of the present petitioner the same gave rise to Haroa P.S. Case No. 57 dated 13.07.2007 under Sections 341/324/325/326 of the Indian Penal Code, and after completion of investigation, the police submitted charge-sheet against the opposite party No. 2 for the self-same offences and the same is now pending for trial before the Learned Judicial Magistrate, 1st Court, Basirhat being G.R. Case No. 1146 of 2007, whereas on the basis of a complaint made by the opposite party No. 2, a case being Haroa P.S. Case No. 56 dated 13.07.2007 under Sections 341/323/325/307/34 of the Indian Penal Code has been registered against the present petitioner and another and the same has also been ended in charge-sheet but for Sessions triable offences. The said case, now being committed to the Court of Sessions, is pending for trial, before the Learned Additional Sessions Judge, Fast Track, 1st Court, Basirhat.