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Calcutta High CourtCRR/1373/2011dismissed

Rinku Mahato v. State Of West Bengal

2022-02-15Honble Justice Ananda Kumar Mukherjee2 pages

15.02.2022 S/L No.10 KS (Via Video Conference) C.R.R. 1373 of 2011 Rinku Mahato -Vs.- The State of West Bengal Mr. Binoy Panda Mr. Pravas Bhattacharya .....For the State On call none appears for the petitioner.

Heard learned advocates for the State.

The matter is listed today for hearing. The petitioner filed an application under Section 407 of the Code of Criminal Procedure praying for transfer of Sessions Trial Case No.XXIV/April, 2009 from the Court of Jhargram to Midnapore. The petitioner was an accused in the case in connection with Jhargram Police Station Case No.84 of 2008 dated 14.05.2008 under Section 376 of the Indian Penal Code. It is the contention of the petitioner that the Presiding Officer went on leave and was transferred elsewhere. In that case four witnesses were examined and the matter was being delayed due to transfer of the Presiding Officer. Further case of the petitioner is that he had to travel from Manikpara to Jhargram which is a long way. The petitioner, therefore, prayed for transfer of the case. It is submitted on behalf of the State that this revisional application had been filed in the year 2011 and in the meantime there

has been posting of several Sessions Judges at that station who can appropriately take up the case. This matter being an old one, the sessions case might have been disposed of by now. Considered the submissions.

In my view, the prayer in this petition has become futile due to lapse of time.

The criminal revisional application is, therefore dismissed. Let a copy of this order be sent to the Learned Additional Sessions Judge, FTC, Jhargram for information and necessary action. (Ananda Kumar Mukherjee, J.)