LAWS(GAU)-2024-1-20

RAKESH KUMAR PAUL Vs. STATE OF ASSAM

Decided On January 18, 2024
Rakesh Kumar Paul Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard the learned senior counsel Mr. D. Das appearing for the petitioner. Also heard Mr. M. Phukan, the learned Public Prosecutor, Assam.

(2.) This is an application under Sec. 407 of the CrPC seeking transfer of the Special Case No.05/2021 pending in the court of the Special Judge, Assam to any other equivalent court.

(3.) The petitioner has been facing trial in a case under the provisions of Prevention of Corruption Act, after spending 5 years and 7 months in judicial custody. After closure of recording of prosecution evidence, the petitioner wanted to examine defence witnesses under Sec. 243 of the Code of Criminal Procedure. To that effect, the petitioner wanted some time. The trial court provided only 3 hours' time. The petitioner wanted more time but the court refused to grant more time.