Ansuman Bhattacharya v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 625 of 2023 Ansuman Bhattacharya -VsThe State of West Bengal & Anr.

For the Petitioner: Mr. Apalak Basu, Adv. Mr. Nazir Ahmed, Adv.

For the State: Mrs. Jonaki Saha, Adv. Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of G.R. case No. 843 of 2018 corresponding to Bidhannagar women Police Station Case No. 44 of 2018 dated 3rd November, 2018 under Sections 498A/ 406/ 354C/506 /34 of the Indian Penal Code presently pending before the learned Additional Chief Judicial Magistrate, Bidhannagar. 2.

On perusal of the averment made in the instant revision and having heard the learned Advocate for the petitioner this Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned Advocate for the State. Accordingly, Mrs. Jonaki Saha

learned Advocate is requested to assist this Court on behalf of the state. Appointment of Mrs. Jonaki Saha learned advocate be regularized by the learned Legal Remembrancer, Government of West Bengal. 3.

It is submitted by the learned advocate for the petitioner that the case was initiated on the basis of a written complaint made by the opposite party no. 2 being the wife of petitioner herein before the Bidhannagar Women Police Station on 3rd November, 2018 alleging, inter alia, that after their marriage on 3rd February, 2007 she was subjected to mental torture. After completion of investigation, chargesheet was submitted dated 30th November, 2018. Thereafter charge was framed on 12th July, 2019 against the petitioner and other accused persons under section 498A/406/354C/506/34 of the IPC fixing 19th October, 2019 for evidence of opposite party no. 2 as CW1. On several dates due to absence of opposite party no. 2, the learned Magistrate issued witness warrant of arrest on 6th September, 2021. On 11th May, 2022 opposite party no.

2 surrendered and bail was granted. Time and again adjournments were sought for but till date evidence of CW1 has not been recorded. Two and a half years has been elapsed but evidence of CW1 could not be recorded till date. The next date has been fixed on 8th March, 2023 for evidence. 4.

Under such circumstances, petitioner has prayed for expeditious disposal of the case.

5.

In view of such circumstances, the instant revision is disposed of directing the trial court to conclude the trial within August, 2023 and

dispose of the above mentioned case as expeditiously as possible within September, 2023.

6.

With the above direction the instant revision is disposed of. (Bibek Chaudhuri, J.)