Bani Sardar v. Sanjay Bir And Another

19.06.2026 Sl. No.37.

D/L.

Mithun.

Ct.No.29.

CRR/2317/2026 Bani Sardar Vs.

Sanjay Bir & Anr.

Mr. Shounak Mondal ...for the petitioner Petitioner in this case has prayed for a direction upon the Court below for early disposal of Complaint Case No.C/2407 of 2026 presently pending before learned Judicial Magistrate, 3rd Court, Alipore.

Being aggrieved by the delay caused in hearing of the said proceeding, learned Counsel for the petitioner submits that he filed one application under Section 175(3) of the BNSS before the Court below who converted the same into a complaint case by an order dated 24.06.2025. Thereafter, he sent notice to the proposed accused person for the purpose of pre-cognizance hearing under Section 223 of the BNSS. The next date for pre-cognizance hearing is fixed on 29.06.2026.

Having heard learned Counsel for the petitioner, it appears that the prayer for expeditious disposal made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the application, the opposite parties will have no cause to prejudice, and, as such, service of copy of application upon the opposite parties are dispensed with.

Having considered submission made on behalf of the petitioner, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of above, the instant application being CRR 2317 of 2026 is hereby disposed of with a direction upon the Court below to conduct the pre-cognizance hearing on the date fixed i.e. on 29th June, 2026 or within a period of two weeks thereafter. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )