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1987 Supreme(Cal) 105

MONOJ KUMAR MUKHERJEE, MUKUL GOPAL MUKHERJEE
IN RE, RAKHAN OJHA ALIAS RAKHAL CHANDRA OJHA. – Appellant
Versus
. – Respondent


JUDGEMENT

On a complaint filed by the petitioner the twelve accused/opposite parties were summoned by the learned Sub-divisional Judicial Magistrate, Contai to stand trial under S.395 read with S.397 of the Penal Code. In due course the case was committed to the Court of Session and the learned Sessions Judge, Midnapore made over the case to the learned Assistant Sessions Judge, Contai for trial. Thereafter the petitioner filed an application before the learned Sessions Judge, Midnapore stating that he had engaged a senior Advocate of the Midnapore District Bar to conduct the case on his behalf but due to his old age he was unable to go to Contai to conduct the case and accordingly praying for transfer of the case from the Court of the Assistant Sessions Judge, Contai to any competent Court at Midnapore to enable the petitioner to avail of the services of the Advocate engaged by him. As the learned Sessions Judge rejected his application the petitioner has filed this application in revision.

2. At the time of hearing of this revisional application we raised a threshold question regarding maintainability of the application filed by the petitioner in the Court below by pointing out to














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