LAWS(GAU)-2013-3-96

IN RE, SRI SUKANTA MALAKAR Vs. STATE

Decided On March 05, 2013
In Re, Sri Sukanta Malakar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS case has got a chequered history.

(2.) BY the order dated 04.07.2002, the Sessions Judge in Criminal Misc. Case No.13(3)/2002 called for records and fixed the case on 27.07.2002. When the petitioner brought the contents and purport of the said order by filing a petition with the certified copy of the order dated 04.07.2002 and prayed for adjourning the case, the said Addl. Sessions Judge fixed the case on 10.07.2002 and 11.07.2002 even though the case records were called for by the Sessions Judge, North Tripura, Kailashahar. The petitioner was languishing in the custody at that time.

(3.) HAVING no regard to the order dated 04.07.2002, the Addl. Sessions Judge commenced examination of the witnesses and closed the examination of the witnesses even though the counsel as engaged by the petitioner had retired from the case. Thereafter, this court by the order dated 02.08.2002, while disposing the Bail Appln. No.81/2002, observed as under :