PRADIP SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application made under Section 482 Cr.P.C. seeking direction from this Court to the learned Sessions Judge, Kamrup to dispose of Sessions Case No. 216(K)/2002, arising out of GR Case No. 3808/2002, under Sections 342/376 IPC registered against the accused petitioner.

(2.) THIS revision has raised an important question of law. For the purpose of dispose of this revision, the material facts leading to the present revision may, in brief, be stated as follows : ­ The accused -petitioner faced in Sessions Case No. 216(K)/2002 aforementioned trial in the Court of learned Additional Sessions Judge, Kamrup, on the charges framed against the accused -petitioner under Sections 342/376 IPC. As the accused pleaded not guilty to the charges so framed, the recording of evidence of prosecution evidence commenced and after recording the evidence of as many as four witnesses for the prosecution, the learned Additional Sessions Judge, Kamrup, got transferred. Thereafter, on a petition made by the accused -petitioner himself, the learned Sessions Judge, Kamrup, withdrew the case aforementioned to his own file and recorded the evidence of two more witnesses, namely, PW 5 (HA Ahmed) and PW 6 (Labanya Kumar Talukdar) both of whom are Sub Inspectors of Police and Investigating Officers of the case. The learned Sessions Judge, Kamrup, then, recorded the statement of the accused -petitioner under Section 313 Cr.P.C.

(3.) FROM a combined reading of the provisions of sub -sections (1) and (2) of Section 409 Cr.P.C., it becomes abundantly clear that while a Sessions Judge may withdraw any case or appeal, at any stage, from the Assistant Sessions Judge or Chief Judicial Magistrate, the Sessions Judge cannot withdraw any case or appeal from the Additional Sessions Judge if the trial of the case or the hearing of the appeal has commenced.