Haridam Kumar Mandal And ORS v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 958 of 2022 Haridam Kumar Mandal & Ors.

-VsThe State of West Bengal For the Petitioners: Mr.Debabrata Chakrabarti, Adv. For the State: Mr. Asif Dewan, Adv. Heard on: 16th January, 2023.

Judgment on: 16th January, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of G.R. Case No. 939 of 2017 arising out of Baruipur Women Police Station Case No. 6 of 2017 dated 9th February, 2017 under Sections 498A/ 406/ 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act presently pending before the learned Additional Chief Judicial Magistrate, Baruipur. 2.

On perusal of averment made in the instant revision and having heard the learned Advocate for the petitioners 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, Mr. Asif Dewan learned Advocate is requested to assist this Court on behalf of the state. Appointment of Mr. Asif Dewan learned advocate be regularized by the learned Legal Remembrancer, Government of West Bengal. 3.

It is submitted by the learned advocate for the petitioners that the case was initiated on the basis of a written complaint made by one Arpita

Mandal being the wife of petitioner no. 1 herein before the Baruipur Women Police Station alleging, inter alia, that she was tortured mentally and physically by her in-laws and even threatened to kill her. Finally on 6th February, 2017 the It was further submitted by the learned advocate for the petitioners that marriage of the parties was solemnized on 15th November, 2013 according to hindu rites and customs. After sometime the defacto complainant was tortured by the petitioners for demand of dowry and later drove her out from her matrimonial house. The petitioners are on bail and after completion of investigation charge was framed on 15th February, 2018 under sections 498A/ 406/ 34 of the IPC and Section 3 and 4 of the Dowry Prohibition Act and next date was fixed on 20th June, 2018 for evidence. On several occasions prosecution failed to produce any witness and the next date was fixed on 29th November, 2022 for evidence.

4.

Under such circumstances, petitioners have 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 April, 2023 and dispose of the above mentioned case as expeditiously as possible within May 2023.

6.

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