RATANLAL GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 482 of the Code of Criminal Procedure (in short the Code) has been preferred by the petitioner assailing the order dated 9.8.05 passed by the learned Judge, IXth Bench City Civil and Sessions Court, Calcutta by transferring the Sessions Case No. 16 of 1999 [Sessions Trial No. 1 (2) of 2001 ] to the Court of the learned Additional Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta on the strength of Order No. 473 dated 8.8.05 passed by the learned Chief Judge, City Civil and Sessions Court, Calcutta.

(2.) Mr. Sekhar Basu, the learned Senior Counsel appearing for the petitioner submitted that in the aforesaid sessions trial charge was framed and the petitioner pleaded not guilty to the charges. Thereafter, the learned Chief Judge, City Civil and Sessions Court directed that the aforesaid sessions trial which was pending before the learned Judge, IXth Bench, City Sessions Court, Calcutta be transferred to the Court of the Additional Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta and accordingly the learned Judge, IXth Bench, City Sessions Court transferred the said case to the learned Judge of Fast Track Court No. 8, Bichar Bhawan, Calcutta. After framing of charge a sessions case cannot be transferred in such a manner by the order of the learned Chief Judge, City Civil and Sessions Court, Calcutta. It appears that the learned Chief Judge, City Sessions Court, Calcutta transferred huge number of cases from City Sessions Court, Calcutta to the newly constructed Fast Track Courts at Bichar Bhawan. En masse transfer of cases without valid ground or without necessary approval of the High Court cannot be done.

(3.) Mr. Basu next contended that after framing of charge a sessions case can be transferred only by the judicial order or for administrative purpose under Article 227 of the Constitution by the High Court. The learned Chief Judge has no administrative as well as judicial power to transfer a sessions case in which charges were framed. The government notifications as well as the High Court notification do not empower the learned Chief Judge to transfer sessions cases in such a manner. The notifications only indicate mere change of building or venue of trial but, such notifications do not empower the learned Chief Judge to exercise administrative and judicial power to transfer sessions cases from Judges of City Court to the Fast Track Court Judges of Bichar Bhawan in respect of cases where charges were framed or where evidence were already taken. Section 9(6) of the Code does not empower transfer of cases in such a manner and both the notifications of the government and 'he High Court de hors Section 9(6) of the Code, The order passed by the learned Chief Judge dated 8.8.05 and the subsequent order dated 9.8.05 passed by the learned Judge, IXth Bench, City Sessions Court, Calcutta in respect of transfer of the aforesaid sessions trial were illegal and erroneous and such orders should be set aside.