Reba Adhikari v. Srimanta Chowdhary & ORS.

24.11.2022 Court No.35 Item No. 49 CRR 416 of 2016 Reba Adhikari Vs.

Srimanta Chowdhary & Ors.

d.g.

Mr. Ravi Kumar Dubey.

... for the petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu.

... For the State This revision has been preferred by the petitioner to seek an order for expeditious hearing of the proceedings in the Court of Additional Chief Judicial Magistrate, Haldia, in connection with Durgachak Police Station Case No. 146/2014 dated 13th August, 2014, under Sections 406/420 of the Indian Penal Code.

It is submitted that after initiation of the proceedings in the year 2014, the investigation thereof was handed over to CID vide order dated 22nd April, 2016 of this Court.

It is submitted that the investigation is now completed and the trial of the case, which is now pending for sufficient period of time, may be directed to be concluded with a time bound period. As per direction of this Court, State has submitted a written report. From the same it is evident that investigation in Durgachak Police Station case No. 146 of 2014 has been ended into filing of chargesheet being No. 80 of 2018 dated 2nd June, 2018 under Sections 406/420/34 of the Indian Penal Code and adding Sections 409/120B of the Indian Penal Code.

The same report has revealed that since thereafter, the trial has not yet been commenced.

The reasons, of course, are unconceivable as to why for the period of about four years the trial of the case could not be commenced. Though the Court is not unaware of the fact that this period has been intervened by the Pandemic setting in the lives of the people. Be that as it may, let there be a direction upon the Trial Court to immediately initiate a trial in the case as mentioned above by framing charges. The Court shall take every endeavour to complete the trial within a period of next one year and deliver judgment. In doing so, the Court shall not allow unnecessary accommodation in the form of adjournment or any other, to any of the parties.

Report submitted today in Court along with the copy of chargesheet be kept with the record. Accordingly, CRR 416 of 2016 is disposed of.

All pending applications, if any, are consequently disposed of. Parties are granted liberty to obtain server copy of this order, for any future reference, until certified copy of the same is obtained. (Rai Chattopadhyay, J.)