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Judgment
This is an application for transfer of the criminal case under Section 407 read with Section 409(2) read with Section 482 of the Code of Criminal
Procedure, 1973 for transferring the proceedings being Sessions Trial No. 5(4) of 2017 corresponding to Sessions Case No. 19(11) 16 arising out of
Diamond Harbour Police Case No. 279 of 2016 dated 10.05. 2016 under Sections 341/325/326/307/302/354B/212/34 of the Indian Penal Code from
the learned Fast Track Court No. IV, Diamond Harbour to the Court of the learned Additional Sessions Judge, Alipore for trial.
From the case number itself, it would appear that charge has been framed in the month of November 2016 being the Sessions Trial No. 5(4)/2017
corresponding to Sessions Case No. 19(11)16, so when the trial of a sessions case is started with framing of the charge the prayer for transfer as
made by the petitioner cannot be considered under the law and so the learned Sessions Judge, South 24 Parganas, Alipore has rightly rejected the
application for transfer registered as criminal motion.
The petitioner appears in person and files a Vokalatnama with the endorsement “ No objection†by the learned advocate- on-record dated March
19, 2018. Therefore, upon hearing the petitioner in person, I do not find any legal impediment in passing necessary order in connection with the case
when the petitioner has prayed for non-prosecution of the revisional application.
Accordingly, CRR 3188 of 2017 is hereby dismissed for non-prosecution.
Urgent Photostat certified copy of this order, if applied for, be supplied to the petitioner as early as possible.