Madhumita Banerjee Chowdhury @ Pinky v. State Of West Bengal

19.09.2023

IN THE HIGH COURT AT CALCUTTA

Item No.40 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 758 of 2023 In the matter of : Smt. Madhumita Banerjee Chowdhury @ Pinky ... Petitioner.

Mr. Dipanjan Chatterjee, Mr. Prateep Bera ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Aniket Mitra ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Aniket Mitra, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The present revisional application has been preferred for expeditious disposal of Tollygaunge Police Station Case No. 202 of 2019 which was registered for investigation under Sections 498A/406/34 of the Indian Penal Code and is pending before the learned Chief Judicial Magistrate, Alipore (subsequently transferred to the learned Judicial Magistrate, 9th Court, Alipore). The grievance of the complainant is that in spite of the case being initiated in the year 2019, till date charge has not been framed against the accused persons after almost four years having been expired. Accordingly, the learned Judicial Magistrate, 9th Court, Alipore is directed to take steps so that on the next date so fixed or within a fortnight thereafter, the stage of consideration of charges is overcome. Learned Magistrate thereafter would fix one date in a month for the purposes of the present case so that trial of

the case can be taken to its logical conclusion within a reasonable period of time.

In case the witnesses are reluctant to appear, direct communication would be made to the Officer-in-Charge, Tollygaunge Police Station who would ensure regarding the presence of the witnesses or in the alternative file a compliance report before the learned Magistrate. Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders would cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 758 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)