Sk. Mobarak Ali @ Mubarak Ali v. State Of West Bengal And ANR.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIOANL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 1987 of 2022 Sk. Mobarak Ali @ Mubarak Ali -VsThe State of West Bengal For the petitioner:- Mr. Shibaji Kumar Das, Adv., Ms. Rupsa Sreemani. Adv.

For the State:- Ms. Mamata Jana, Adv.

Heard on: 23rd June, 2022.

Judgment on: 23rd June, 2022.

BIBEK CHAUDHURI, J. : - 1.

The petitioner being an accused of G.R Case No.3872 of 2008 arising out of Titagarh, Police Station Case No.556 of 2008 dated 26.11.2008 under Section 417/419/468/465/471/474/423/120B of the Indian Penal Code has approached this Court for expeditious disposal of the case instituted against him.

2.

On perusal of the material on record this Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned P.P-in-Charge. Therefore Ms. Mamata Jana, learned P.P-inCharge is requested to represent the case on behalf of the state. The learned Advocate for the petitioner has served a copy of the application to the learned P.P-in-Charge.

3.

It appears from the record that in G.R Case of 3872 of 2008 pending before the learned Judicial Magistrate, 3rd Court, Barrackpore, charge was framed on 31st March, 2010. Subsequently, more than 12 years have elapsed but the Trial Court failed to conclude examination of the witnesses and the trial of the case.

4.

Considering the period of pendency of the case this Court is of the view that it is high time to direct the learned Judicial Magistrate, 3rd Court, Barrackpore to dispose of the case at the earliest. Therefore the instant criminal revision is disposed of directing the learned Judicial Magistrate, 3rd Court at Barrackpore to prepare a schedule for examination of remaining witness on behalf of the prosecution. It is also directed that the learned Magistrate shall take all steps to ensure attendance of the witnesses, it required with the help of competent Officer of Barrackpore Commissionerate.

5.

The learned Judicial Magistrate is directed to conclude trial of the case within six months from the date of delivery of judgment in the instant case. The time limit fixed by this Court is peremptory. 6.

The learned Advocate for the petitioner is at liberty to communicate this order to the learned Judicial Magistrate, 3rd Court at Barrackpore obtaining server copy of the same and the learned Magistrate shall act upon the server copy of the order.

(Bibek Chaudhuri, J.)