Pintu Guha And Others v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 869 of 2023 Pintu Guha & Ors.

Vs.

The State of West Bengal & Anr.

For the petitioners :

Mr. Amitabha Ghosh.

For the State :

Mr. Anwar Hossain, Ms. Manisha Sharma.

Judgement on :

26.04.2023.

Bibek Chaudhuri, J.

This is an application for expeditious disposal of GR Case No. 1530/2017 under Sections 498A/323/506/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate at Barasat, North 24-Parganas.

On perusal of the instant revision and having heard the learned Advocate for the petitioners this Court is of the opinion that the instant revision can be disposed of with the assistance of the learned Public Prosecutor-in-Charge. Therefore, Ms. Manisha Sharma, learned Public Prosecutor-in-Charge is requested to assist this Court on behalf of the State. Appointment of Ms. Sharma be regularized by the learned Public Prosecutor, High Court, Calcutta.

It is submitted on behalf of the petitioners who are the accused persons in connection with the aforementioned GR Case that the said GR Case was registered on the basis of a written complaint filed by the de facto complainant/opposite party no. 2 on 27th June, 2017. On 30th September, 2017 charge-sheet was submitted. Thereafter, the learned Additional Chief Judicial Magistrate at Barasat took cognizance of offence on 28th December, 2017. The case was transferred to the 2nd Court of the learned Judicial Magistrate at Barasat sometimes in the year 2018. Thereafter, the learned Magistrate fixed the dates of appearance of the accused persons after a gape of almost one year even charge has not been framed against the accused persons.

Under such circumstances, the accused persons are directed to remain present positively before the Trial Court on the next date fixed and the learned Magistrate is directed to take up the case for consideration of charge on the next date fixed. If he finds material to frame charge against the accused persons, the charge shall be framed on the next date itself and the date of trial shall be fixed without further delay.

With the above order, the instant revision is disposed of. (Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 183.