STATE OF W B Vs. GANGADHAR DAWN

JUDGEMENT

(1.) The State of West Bengal has preferred this revisional application against the order of the learned Sessions Judge allowing an application under S.408 Criminal Procedure Code for transfer made by the accused in a Sessions case sometime after the trial of that case began before an Additional Sessions Judge.

(2.) The view of the petitioner is that in view of the provision of Sub-Sec. (2) of S.409 of the Code of Criminal Procedure, the Sessions Judge can send such a case from one Court of the Additional District Judge to another Additional Court of District Judge before the trial case began in that Court. S.409 of the Code of Criminal Procedure runs thus : (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3.) The learned Advocate for the opposite parties on the either hand argued that view of the provision of S.408 of the Code of Criminal Procedure the Sessions Judge can transfer any case from one criminal Court to another criminal Court at any time irrespective of the fact as to whether the trial of that case has begun or not. The provision of Sub-Sec. (1) of S.408 runs thus : (1) Whenever it is made to appear to a Sessions Judge that an order under this Sub- Section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.