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Calcutta High CourtCRR/618/2023disposed

Pintu Pramanick v. State Of West Bengal And ANR

2024-05-17Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.618 of 2023 With CRAN 1 of 2024 D/L26 17.05.2024 Bpg.

Pintu Pramanick

Versus

State of West Bengal and another Mr. Rit Banerjee Mr. Nirmalya Kr. Das.

...for the petitioner.

In Re: CRAN 1 of 2024 Learned advocate appearing for the petitioner submits that the learned advocate earlier appearing was engaged in Second Miscellaneous Appeal and, as such, he could not attend this Court when the revisional application was called. As such, for the fault of the advocate the revisional application should not be dismissed for default.

In view of the submissions so advanced by the learned advocate, I find that the reasons to be just and sufficient. Accordingly, the order dated 04.03.2024 is recalled and the revisional application is restored to its original file and number. Thus, CRAN 1 of 2024 is allowed.

CRR 618 of 2023 I have considered the contentions advanced by the petitioner in the revisional application which reflects that charge was framed on 13th October, under Sections 447/323/354/427/34 of the Indian Penal Code and date was fixed on 14th December, 2022 for evidence.

Records of the revisional application do not reflect that the copies under Section 207 of the Code of Criminal Procedure have been enclosed along with the revisional application. As such, the foundation on which the charges have been framed is not possible to be appreciated or considered.

Having considered the fact that in the meantime more than 11⁄2 years have passed, I direct the learned trial court to continue with the evidence of the case by fixing at least one date in every two months so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. With the aforesaid observations, CRR 618 of 2023 is disposed of.

Pending other connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)