KHOKAN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant application is filed by the petitioner, Sri Khokan Debbarma, an accused in Agartala Women P.S case No. 24 of 2009 wherein the police ultimately filed charge sheet against the petitioner and the petitioner is facing trial in a sessions proceeding being ST 54(WT/A) 2010 under Sections 498A and 306 IPC pending before the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No.3 either to quash the entire proceeding or withdraw the case from the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No.3 and transfer the same in any other Sessions Court within West Tripura District on the ground that the Presiding Judge of the aforesaid Court is a relation of Mr. B. B. Das, the ex-Chairman of Tripura Public Service Commission (TPSC) who is closely associated with Mr. B. K. Roy, a Commissioner to the Govt. of Tripura, against whom the petitioner moved an application wherein some accusations are made against him relating to the death of the wife of the petitioner as she was working under him, but unfortunately the police did not investigate the case on the line of accusations made by the petitioner, rather the petitioner was implicated for the death of his wife for which he is facing trial. THErefore, the petitioner has an apprehension that he would not get justice from the Presiding Officer of the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No.3. With the aforesaid apprehension of not getting justice from the Court of Additional Sessions Judge, West Tripura, Agartala, Court No.3, the petitioner made an application under Section 408 Cr. P.C to the Sessions Judge, West Tripura, but the said petition was disposed of without allowing the prayer of the petitioner for transfer of the aforesaid Sessions case on the ground that the learned Sessions Judge has no power to transfer a sessions case from the Court of Additional Sessions Judge under Section 408 Cr. P.C. to whom the case has been entrusted.

(2.) AS per Section 408 Cr. P.C, once the Sessions Judge transferred a sessions case from his file to any of the Additional Sessions Judge, the same cannot be withdrawn. The Sessions Judge also in his order stated that power of withdrawal of cases and appeals by Sessions Judge is prescribed in Section 409 Cr. P.C and in exercise of the same, the Sessions Judge may recall any case from the file of the Addl. Sessions Judge which was made over by him only before trial of the case has commenced.

(3.) MR. Kabir also placed reliance in the case of Maneka Sanjay Gandhi Vs. Rani Jethmalani, AIR 1979 SC 468 which was also referred before the learned Sessions Judge wherein the Apex Court noted that : " The assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of the parties or easy availability of legal service or like trivial grievances. Something more substantial, more compelling, more imperiling from the point of view of public justice and its attendant environment is necessitous if the Court is to exercise its power of transfer".