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Afjal Ali Sha @ Abjal Shaukat Sha vs. State of West Bengal & Ors. (SC)

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Code of Criminal Procedure, 1973–Sec. 406–Prayer for transfer of case–The State of W. B. has taken a complete u-turn to help the main accused and it went to resorting to its power u/s. 321 Cr.P.C. to withdraw the prosecution itself–Link Judge also showed hurry in accepting the application–These illegalities were not allowed by the High Court to be sustained–Apprehensions of the petitioner are genuine–However, more than 90 witnesses speaking Bengali, are yet to be examined–Case of prosecution will be prejudiced by transfer in other State–Certain directions issued.