Subhra Brata Chakraborty v. State Of West Bengal & ANR.

16.09.2021 Sl. No.8 Court No.34 BM CRR 320 of 2012 + IA No.CRAN 4 of 2014(Old No.CRAN 413 of 2014) + IA No.CRAN 5 of 2014(Old No.CRAN 1389 of 2014) SUBHRA BRATA CHAKRABORTY Vs.

STATE OF WEST BENGAL & ANR.

Mr. Arijit Ganguly Ms. Manisha Sharma ... for the State Report submitted by Ms. Sharma, learned advocate, be kept with the record.

The report reflects that the trial of the case was transferred to the learned Judicial Magistrate, 1st Court, Howrah on 29.11.2006 and the said court is awaiting order of the High Court for proceeding.

Records of the revisional application reflect that lastly on 31st January, 2014 the interim order was extended for a period of eight weeks. Thus, from April, 2014 till date there was no interim order so far as the case relating to Shibpur Police Station case No.304 of 2004 dated 9.12.2004 is concerned. Needless to reiterate that in case there is no interim order, the learned trial court are expected to proceed with the matter. For reasons best known the learned trial court did not proceed with the case.

Having regard to the aforesaid facts, I am of the view that there has been no persuasion in respect of the case pending before the trial court. Further, points so canvassed in the revisional

application are exclusive question of facts which are to be decided in course of trial. There is no reason to interfere at this stage. Accordingly, CRR 320 of 2012 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All the parties are directed to act on the server copy to be obtained from the official Website of the Hon'ble High Court at Calcutta.

( Tirthankar Ghosh, J.)