Arun Kumar Hazra v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 1849 of 2022 Arup Kumar Hazra Vs.

The State of West Bengal & Ors.

For the Petitioner:

Mr. Koustav Bagchi, Adv., Mr. Debayan Ghosh, Adv., Ms. Priti Kar, Adv.

For the State:- Mr. Imran Ali, Adv., Ms. Debjani Sahu, Adv.

Heard on: 23 August, 2022.

Judgment on: 23 August, 2022.

BIBEK CHAUDHURI, J. : - 1.

This is an application for a direction upon the trial court for expeditious disposal of ST No.1(3) of 2016 corresponding to SC Case No.346 of 2015 arising out of Jagaddal Police Station Case No.1144 of 2014 under Section 498A/302/34 of the IPC read with Section 3/4 of the Dowry Prohibition Act pending before the learned Additional Sessions Judge, 1st Fast Track Court at Barrackpore.

2.

The defacto complainant is the petitioner before this Court. 3.

It is submitted on behalf of the petitioner that the married daughter of the defacto complainant was inhumanly tortured and murdered by the

private opposite parties. On the basis of a written complaint submitted by the petitioner Jagaddal Police Station Case No.1144 of 2014 under Section 498A/306/34 of the IPC was registered against the accused persons/opposite parties No.2-4. Subsequently, Section 302 of the IPC was added and charge was framed against the accused persons on 22nd September, 2015 under Section 498A/302/34 of the IPC. Subsequent to the framing of charge, several dates were fixed for examination of the witnesses on the basis of the prosecution. Till date the prosecution could examine 11 witnesses out of 22 charge-sheeted witnesses. 4.

It is the grievance of the petitioner that due to procrastination of the trial of the case, the defacto complainant suspects that there would be inordinate delay in concluding the trial.

5.

This Court is of the view that the instant revision can be disposed of here and now with a direction upon the trial court to take expeditious step for disposal of S.T No.1(3) of 2016.

6.

It is submitted by the learned Advocate for the petitioner that the Presiding Officer of the 1st Fast Track Court, Barrackpore has been transferred and the learned Additional Sessions Judge 2nd Fast Track Court at Barrackpore remains in charge. The next date of trial is fixed on 30th August, 2022.

7.

Considering the facts and circumstances of the case, the instant revision is disposed of directing the learned Judge who is in charge of the 1st Fast Track Court of the learned Additional Sessions Judge at Barrackpore to conclude examination of the witnesses on behalf of the

prosecution within six months from the date of communication of the order positively.

8.

Learned trial judge is further requested to dispose of S.T No.1(3) of 2016 within nine months from the date of communication of this order. 9.

The instant revision is accordingly disposed of. (Bibek Chaudhuri, J.)