Kamala Saha v. State Of West Bengal And ANR

16.08.2021 rrc CRR 1531 of 2021 In re : An application under Section 483 of the Code of Criminal Procedure, 1973.

In the matter of : Kamala Saha ..... petitioner Mr. Kallol Basu Ms. Meghla Das ....For the petitioner The petitioner seeks to invoke the jurisdiction of this Court conferred under Section 483 of the Code of Criminal Procedure, 1973, to expedite the trial pending before the learned Additional Chief Judicial Magistrate, Durgapur, Paschim Burdwan being T.R. 34/2010 corresponding G.R. No. 941 of 2009 where charges have been framed under Sections 420/406/409 of the Indian Penal Code, 1860. Mr. Kallol Basu, learned advocate appearing for the petitioner submits that out of ten witnesses, only two witnesses have been examined so far. The examination with regard to the PW 3 is partially done, and there is no effective progress in the trial. In this pandemic situation, it is not expected that the learned Magistrate in the Court below will be able to proceed with the trial at a normal pace.

Since the case is pending before the learned Magistrate in the Court below for a long period this application is disposed of with a direction upon the learned Magistrate to make an endeavour to conclude the trial within a period of one year after the resumption of the normal functioning of the Court.

The revisional application being CRR 1531 of 2021 is disposed of. All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)