Court emphasizes the importance of impartiality in trials to ensure fair justice.

1. The instant application is filed by the petitioner, Sri Khokan Debbarma, an accused in Agartala Women P.S. Case No. 24 of 2009 wherein the police ultimately filed charge - sheet against the petitioner and the petitioner is facing trial in a sessions proceeding being ST 54 (WT / A) 2010 under S.498A and S.306, IPC pending before the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No. 3 either to quash the entire proceeding or withdraw the case from the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No. 3 and transfer the same in any other Sessions Court within West Tripura District on the ground that the Presiding Judge of the aforesaid Court is a relation of Mr. B. B. Das, the ex - Chairman of Tripura Public Service Commission (TPSC) who is closely associated with Mr. B. K. Roy, a Commissioner to the Govt. of Tripura, against whom the petitioner moved an application wherein some accusations are made against him relating to the death of the wife of the petitioner as she was working under him, but unfortunately the police did not investigate the case on the line of accusations made by the petitioner, rather the petitioner was implicated for the death of his wife for which he is facing trial. Therefore, the petitioner has an apprehension that he would not get justice from the Presiding Officer of the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No. 3. With the aforesaid apprehension of not getting justice from the Court of Additional Sessions Judge, West Tripura, Agartala, Court No. 3, the petitioner made an application under S.408 Cr. P.C. to the Sessions Judge, West Tripura, but the said petition was disposed of without allowing the prayer of the petitioner for transfer of the aforesaid sessions case on the ground that the learned Sessions Judge has no power to transfer a sessions case from the Court of Additional Sessions Judge under S.408, Cr. P.C. to whom the case has been entrusted.

2. As per S.408 Cr. P.C., once the Sessions Judge transferred a sessions case from his file to any of the Additional Sessions Judge, the same cannot be withdrawn. The Sessions Judge also in his order stated that power of withdrawal of cases and appeals by Sessions Judge is prescribed in S.409, Cr. P.C. and in exercise of the same, the Sessions Judge may recall any case from the file of the Addl. Sessions Judge which was made over by him only before trial of the case has commenced.

3. In the instant case, the charge has been framed against the petitioner on 1-9-2010 for commission of offence punishable under S.498 - A and 306 of the IPC, the trial has already been started and the matter is fixed for recording evidence. Therefore, the said power under S.409, Cr. P.C. also could not be exercised by the Sessions Judge. Hence, the present criminal petition is for quashing the criminal proceedings pending before the learned Additional Sessions Judge, Court No. 3 as well as for transfer of the said sessions case on withdrawal from the Court of the Addl. Sessions Judge, West Tripura, Agartala, Court No. 3 to any other Court.

4. Mr. D. C. Kabir, learned counsel for the petitioner submits that the petitioner has made allegations before the learned Sessions Judge, West Tripura, Agartala against the Presiding Judge of the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No. 3 stating, inter alia, that the petitioner from different sources gradually came to know that Sri S. Saha, the Additional Sessions Judge, West Tripura, Agartala, Court No. 3 and Mr. B. K. Roy had very close family relation with each other and Mr. B. B.