ANANDA MAY CHATTERJEE Vs. SAIFUL ALI

JUDGEMENT

(1.) Both the aforesaid Criminal Revisions are arising out of the self-same Sessions Case SC 2(7) 13, pending before the Learned Additional Sessions Judge, Fast Track, Third Court, Barasat, North 24- Parganas, where 8 accused persons on being charge-sheeted under Section 376A/376D/302/342/201/109/120B IPC, are awaiting to face the question of framing charge against them.

(2.) The first Criminal Revision, C.R.R. No. 2570 of 2013 has been moved for a direction for immediate commencement of the Trial and expeditious conclusion of the same, whereas the other Criminal Revision, C.R.R. No. 2583 of 2013 has been moved at the behest of the 8 Chargesheeted accused persons for the transfer of the said Sessions Case to any other Sessions Division.

(3.) In my endeavour to give a decision on the core issues viz., whether the Trial Court be directed to conclude the trial speedily and the trial in question be transferred to some other session division, I may begin with the fact that in connection with the self-same sessions case a public interest litigation being W.P. 16482 (W) of 2013 was moved before this Court by a public spirited lawyer, seeking direction for further investigation by a different investigating agency being monitored by High Court. It may be noted neither the charge-sheeted accused, who are the opposite parties in the first Criminal Revision and petitioners in the second Criminal Revision nor the de facto complainant who is a opposite party in both the Criminal Revisions, were the parties in the said public interest litigation. The said public interest litigation has been disposed of, on August 1, 2013 and the prayer for further investigation by a different agency under High Court's monitoring has been declined. Although rejection of the prayer for further investigation is not of much bearing towards the decision in the aforesaid Criminal Revisions, but certain observations made by the Division Bench presided over by the Hon'ble Chief Justice are of great relevance. Those observations are summed up below: