Tanmay Kumar Paul v. State Of West Bengal

C.R.R.588 of 2021 D/L22 14.11.2022 Bpg.

In Re: An application under Section 483 of the Code of Criminal Procedure, 1973;

Tanmay Kumar Paul

Versus

State of West Bengal Mr. Debashis Banerjee, Mr. Partha Sarathi Das.

...for the petitioner.

Ms. Baisali Basu.

...for the State.

The present revisional application has been preferred with a prayer for direction upon the learned Judicial Magistrate, 1st Court, Barrackpore for expeditiously disposing of the proceedings arising out of Nimta Police Station Case No.403 of 2019 dated 02.10.2019 (corresponding to G.R. Case No.7853 of 2019). Learned advocate for the petitioner is directed to serve a copy of the revisional application upon Ms. Baisali Basu, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities. Learned advocate for the petitioner has drawn the attention of this Court to the order dated 6th August, 2022 which reflects that the learned trial court has fixed 4th March, 2023 for charge. In fact, it has been pointed out that the date so fixed by the learned trial court ranges from six months to fourteen months. Certified copies so supplied by the learned advocate for the petitioner be kept with the record. The apprehension of the

petitioner, who is a Government servant, is that his terminal benefit may be stalled because of the pendency of the present case before the learned Judicial Magistrate, 1st Court, Barrackpore. I have perused the charge-sheet which is under Sections 448/427/506/34 of the Indian Penal Code and the number of witnesses relied upon in the charge-sheet are seven. As the schedule has already been fixed on 4th March, 2023, I do not intend to disturb by preponing the said date so fixed by the learned Magistrate. However, I direct that on 4th March, 2023 the learned Magistrate would frame charges and fix date once in a fortnight so that the trial of the case can be concluded within a reasonable period of time preferably within a year from 4th March, 2023. With the aforesaid observations, CRR 588 of 2021 is disposed of.

Pending 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.)