ORDER
G. Patribasavan Goud, J.
1. Heard on merits.
2. SC No. 9 of 1997, for offences under Sections 302, 201 and 379 read with Section 34 of the IPC, is pending on the file of the learned IX Additional City Civil and Sessions Judge, Bangalore (CCH. 2). Trial is complete and it is at the stage of arguments. In the meantime, by the impugned notification dated 10-8-2001, under Sub-sections (2) and (3) of Section 409 of the Cr. P.O., the learned Principal City Civil and Sessions Judge, Bangalore, has withdrawn the said sessions case from the file of the learned IX Additional City Civil and Sessions Judge, Bangalore, and has made it over to the Fast-Track Court.
3. Sub-section (2) of Section 409 of the Cr. P.C. enables a Sessions Judge to recall any case before the Additional Sessions Judge at any time before the trial has commenced. On such recalling of that case, Sub-section (3) of Section 409 of the Cr. P.O. then provides that the Sessions Judge may either try the case himself or make it over in accordance with the provisions of the Code to another Court for trial.
4. As is evident from Sub-section (2) of Section 409 of the Cr. P.C., recalling of a sessions case by the Sessions Judge from the Court of Additional Sessions Judge, either for trying it himself or for making it over to another Court, can be done before the commencement of trial. Here is a case, wherein the trial has already commenced and it is now at the stage of arguments. At that stage, in respect of that particular case, Sub-section (2) of Section 409 of the Cr. P.C. did not permit the said case to be withdrawn by the Sessions Judge.
5. Petition is, therefore, allowed. Impugned order insofar as it relates
to SC No, 9 of 1997, on the file of the learned IX Additional City Civil
and Sessions Judge, is set aside.