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J.N.CHOUDHARI, B.C.CHAKRABARTI
Monoj Majumdar – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT

B. C. Bhakrabarti, J. - This revisional application raises a short question as to the exact time when a sessions trial commences. The question arises under the following circumstances.

2. The Chief Judge, City Sessions Court is, under the provisions of the City Sessions Courts Act, the Sessions Judge and the other Judges presiding over the other Benches are deemed to be Additional Sessions Judges. A case being committed to the court of the Chief Judge was assigned to Bench VII of that court for disposal by an order dated 9.7.1981/ 3.8.1981. The learned Judge presiding over that Bench fixed 2.9.1981 for consideration of charge against the accused persons. On the date so fixed the learned Judge after hearing the learned Advocates and considering the documents and other materials was satisfied that a prima facie case against the accused persons under Sections 302/34 Indian Penal Code and under section 3 of the explosive Substances Act was made out. Charges were accordingly framed and read over to the accused individually. They pleaded not guilty and claimed to be tried. The learned Judge thereafter fixed 2.11.1981 onwards for examination of witnesses in accordance with the se

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