SOMAI BAGDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this criminal revisional application the petitioner has challenged an order passed by the learned Additional District and Sessions Judge at Bolpur, Birbhum, in connection with the Sessions Trial No. 142 of 2004, whereby the learned Judge rejected the petitioners application under Section 409 of the Code of Criminal Procedure for withdrawal of the case, namely, G.R. Case No. 389 of 2003 under Sections 148/149/448/380 and 323 of the Indian Penal Code pending before the Court of the learned Sub-divisional Judicial Magistrate, Bolpur to his Court and held trial of the said case analogously with the Sessions Trial No 142 of 2004.

(2.) Heard, the learned Advocates appearing for the parties and perused the impugned order and other materials on record.

(3.) The learned Judge rejected the petitioner's prayer for withdrawal for trial, the case in question from the Court of the learned SDJM, Bolpur to his Court on the ground that the learned Judge being the Additional Sessions Judge, Fast Track Court has no power to withdraw the case to his Court in terms of the provisions of Section 409 of the Code of Criminal Procedure and the learned Sessions Judge has only empowered to pass such an order. In addition to that learned Judge has also relied on the provisions of Section 194 of the Code of Criminal Procedure where it has been specifically provided that learned Additional Sessions Judge has only empowered to try those cases which have been placed before him for trial by an order of the learned Sessions Judge or by a special order of the High Court. I have carefully perused the said order and found that the learned Judge was perfectly right in passing such order and his order neither suffers from any illegality or any infirmity which warrants any interference by this Court.