Raju Sk vs State Of West Bengal & Ors

The learned advocate appearing on behalf of the petitioner files a supplementary affidavit containing a typed copy of the order dated 20.02.2018 passed by the learned Sessions Judge, Birbhum at Suri, which is kept on record.

This is an application challenging the order dated 04.04.2018 passed by the learned Additional Sessions Judge, Rampurhat, Birbhum in connection with Sessions Case No. 87 of 2017 thereby transferring the sessions case along with the lower court records arising out of G.R. No. 375 of 2017 to the court of the learned Additional Sessions Judge, 2nd Court at Suri, Birbhum in view of the order passed by the court of the learned Sessions Judge, Birbhum in connection with Criminal Miscellaneous No. 987 of 2017.

The learned advocate appearing on behalf of the petitioner submits that the petitioner is the defacto complainant in a murder case in respect of which a counter case was started which was triable by a learned Magistrate. The accused in the murder case made an application before the learned Sessions Judge to withdraw the trial and transfer it to Suri so that the said case could be heard along with the Magistrate triable case pending there. The learned advocate submits that it is a gross violation of Section 409(2) of the Code as the learned Sessions Judge had directed withdrawal and transfer of the case even after the framing of the charge.

He further submits that moreover all the witnesses in the murder case are from Murai P.S within the jurisdiction of Rampurhat.

Let the petitioner serve a copy of this revisional application upon the opposite party no. 1/State through the office of the learned Public Prosecutor and upon the opposite party nos. 2 and 3 by speed post with acknowledgement due, within a week and file an affidavit of service to that effect on the next date of hearing.

Let this matter appear as Contested Application two weeks after the reopening of the Court from the ensuing winter vacation.

The proceeding in Sessions Case No. 87 of 2017 presently pending before the learned Additional Sessions Judge, Rampurhat, Birbhum shall remain stayed for a period of six weeks from the reopening of the Court after ensuing winter vacation.

The parties shall be at liberty to pray for extension or modification or vacating of the interim order upon notice to the other side.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.