SUBRAT PAL Vs. RATNA GOPE

JUDGEMENT

(1.) This petition is registered as Criminal Transfer Petition on the basis of a petition filed by Mr Subrata Pal, learned Additional Session Judge, West Tripura, Khowai requesting the High Court for withdrawal of Session Triable Case bearing No. S.T. 134(WT/K)/2000 under Sections 341/302/34 I.P.C. from the file of the learned Additional Sessions Judge, West Tripura, Khowai and to transfer the same to any other competent Court of jurisdiction on the following grounds:- (a) The accused persons are attempting to drag the case by this or that plea; (b) The Additional Public Prosecutor appears to be unwilling to conduct the case and for which he wrote a letter to the Secretary (Law) for appointing any other lawyer as Spl. Public Prosecutor. The Additional Public Prosecutor appears to be pressurised from other corner to withdraw himself from the case; Neither the prosecution nor the defence nor even the aggrieved victim sought for any such transfer of the case.

(2.) A question has been raised from the Bar as to whether the learned Additional Sessions Judge could file the petition direct to the high Court seeking withdrawal of the case from his file having by-passed the learned Sessions Judge of the session division. To resolve this question, it is pertinent to decide whether a learned Additional Sessions Judge holds a Court separate from and independent of the Court of learned Sessions Judge? In this respect, provision of Section 9 of the Criminal Procedure Code is to be examined. The related parts of Section 9 of the Cr.P.C. are quoted below:-

(3.) That being the legal position, as has been pointed out, no Additional Sessions Judge or as the case may be Assistant Sessions Judge could make direct correspondence with the High Court in respect of their judicial functions unless otherwise called for. If any difficulty is faced by the Additional Sessions Judge or as the case may be by the Assistant Sessions Judge, that should be brought to the notice of the High Court through the Sessions Judge concerned who in turn would transmit the same to the High Court with his own comments, but unfortunately in the present case, the learned Additional Sessions Judge made direct correspondence to the High Court regarding the transfer of a criminal case.