UNION OF INDIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P.K. Dhar, learned Senior Central Government Standing Counsel for the petitioner and Mr. B.B. Deb, learned senior counsel lor the respondents. Heard also Mr. S. Das, learned Public Prosecutor, Tripura for the State respondent.

(2.) This Criminal Revision is directed against the order dated 28.2.2000 passed by the Assistant Sessions Judge, No. 1, West Tripura, Agartala in Sessions Trial No. 133 (WT/A) 1999.

(3.) The facts leading to the present petition in brief are that the accused Devendra Rai, Head Constable No. 80002767 while attached I.G. Head Quarter P&R BSF, Salbagan, was involved in Airport P.S. Case No. 31/1998 under Section 354/376 IPC. The accused was arrested in the above case and subsequently the accused was chargesheeted. On a case being committed the above referred Sessions trial was registered. Vide order dated 23.9.99 the accused was charged under Section 376 IPC and thereafter as many as 7 witnesses are examined. On 8.2.2000 i.e. during pendency of the trial the D.I.G. BSF, filed an application under Section 475 Cr. P.C. for transferring the matter to the Security Court for trial of the accused person on the ground that the Commanding Officer of the accused had taken a decision for trial of the accused an Armed Force Personal, under the relevant rules. The learned Assistant Sessions Judge, after hearing both sides vide impugned order rejected the application and directed that the trial shall continue. Hence, the present revision.