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Calcutta High CourtCRR/913/2026disposed

Asit Kumar Mahanta v. The State Of West Bengal And ANR

2026-03-19Hon'Ble Justice Md. Shabbar Rashidi3 pages

19.03.2026 Item No.29 chanchal CRR 913 of 2026 Asit Kumar Mahanta Vs.

The State of West Bengal & Anr.

Mr. Kaushik Choudhury Mr. Dwaipayan Panda ... For the petitioner

1. The instant revisional application has been filed seeking direction for expeditious disposal of Banshihari Police Station Case No. 155 of 2022 dated 30.06.2022 under Sections 498A/307 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act (corresponding to G.R. Case No. 729 of 2022) pending before learned Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur.

2. It is submitted on behalf of the petitioner that he happens to be an accused in G.R. Case No.729 of 2022. The charges stood framed. The case has been fixed for evidence. Consecutive schedules were fixed up in the case for examination of the witnesses, however, no witness has yet been examined on behalf of the prosecution. The petitioner, as an accused, has been suffering a lot due to non-examination of the prosecution witnesses and pendency of the criminal case.

3. By filing the instant application, the petitioner has prayed for a direction upon learned Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur for expeditious disposal of the G.R. Case No. 729 of 2022 pending before it.

4. Having heard learned advocate for the petitioner and on perusal of the materials annexed to the application, it transpires that the

case was initiated against the petitioner and others. The chargesheet in the case was filed, upon completion of investigation, against the petitioner and another accused on August 12, 2022. The accused persons surrendered before learned trial court and obtained bail on August 12, 2022. Subsequent to appearance of the accused persons, police copies were served upon the accused persons and ultimately the charges stood framed against the petitioner and other accused persons on November 17, 2023. Since then, the case has been fixed for recording evidence on behalf of the prosecution. The materials on record go to show that the case has been fixed for recording evidence of CSW 1 on several dates but the witness appears to have not turned up for his examination.

5. Since the charges stood framed in the year 2023 and no witness has turned up till date, it would be appropriate to request the learned Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur to try and dispose of G.R. Case No. 759 of 2022 pending before it, as expeditiously as possible, without granting any unnecessary adjournment to either of the parties.

6. Needless to say that the aforesaid learned Magistrate shall follow all steps in accordance with law to secure attendance of the witnesses, if so required.

7. With the aforesaid observation, the revisional application being CRR 913 of 2026 is disposed of.

8. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Md.Shabbar Rashidi, J.)