Heard Mr. Sandip Chakraborty, learned advocate, appearing on behalf of the petitioners as well as Mr. Amajit De, learned advocate, appearing on behalf of the State. Perused the materials on record.
2. Invoking Section 407 of the Code of Criminal Procedure, the petitioners who are facing their custody trial of a charge under Sections 302/34 of the Indian Penal Code before the Learned Additional District & Sessions Judge, Jangipur, Murshidabad in connection with Sessions Serial No. 49/02 moved this court for transfer of the said trial to any other competent court in the same Sessions Sub-Division on the ground that the concerned court is lying vacant.
3. In this connection, this court called for a report from the Learned Registrar (Judicial Service), High Court, Calcutta and report has been submitted. It appears from the said report that although the court of the Learned Additional District & Sessions Judge, Jangipur, Murshidabad, is lying vacant since January 31, 2009; but four other Fast Track Courts are regularly functioning there.
4. In such view of the matter, I direct that the Sessions Serial No. 49/02 which is now pending before the Learned Additional District & Sessions Judge, Jangipur, Murshidabad be transferred to the Court of the Learned Additional Sessions Judge, Fast Track, lst Court, Jangipur, Murshidabad immediately.
5. It appears the aforesaid trial is at the verge of completion and is pending for argument. Thus, the transferee court shall make all endeavours to conclude the trial as expeditiously as possible, preferably within six months from the date of communication of this order. This application is, thus, allowed.
Office is directed to communicate this order to the learned court below at once for taking necessary steps within a month from the date of communication of this order.
Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible. (Ashim Kumar Roy,J.)
