Abhishek Jhunjhunwala v. State Of West Bengal And ANR
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 2097 of 2022 Abhishek Jhunjhunwala -VsThe State of West Bengal & Ors.
For the Appellant: Mr. Anirban Dutta, Adv., Ms. Biswajiti Chowdhury, Ad.
For the State: Mr. Sandip Chakraborty, Adv., Heard on: 13th July, 2022.
Judgment on: 13th July, 2022.
BIBEK CHAUDHURI, J. : - 1.
The instant revision arises out of an application for expeditious disposal of Chetla Police Station Case No.126 of 2018 under Sections 420/406/506/120B of the IPC. The above mentioned police case gave rise to C.G.R. Case No.2993 of 2018 and Criminal Motion no. 143 of 2020 pending before the learned 5th Additional District Judge, Alipore. 2.
On perusal of the averment made in the application and having heard the learned Advocate for the petitioner this Court is of the view the instant revision can be disposed of with the assistance of the learned Advocate for the state here and now. Therefore, Mr. Sandip Chakraborty
learned Advocate is requested to assist this Court on behalf of the prosecution.
3.
Appointment of Mr. Sandip Chakraborty learned Advocate be regularized by the learned Legal Remembrancer, Government of West Bengal 4.
It is submitted on behalf of the petitioner that the petitioner lodged a complaint before the Chetla Police station on 10th July, 2018 against the opposite party no. 2 being P.S. Case no. 126 of 2018. After completion of investigation the police submitted charge-sheet being no. 68/2019 dated 08.02.2019 under Section 420/406/506/120B of the IPC. Being aggrieved by such investigation the petitioner prayed for further investigation under section 173(8) of Cr.P.C. which was allowed by the learned Magistrate on 14th November, 2019. Being aggrieved by such order the opposite party no. 2 preferred a revisional application being criminal motion no. 143 of 2020 before the Ld. Session Judge, Alipore along with application for condonation of delay praying for setting aside of the order dated 14th November, 2019.
5.
The opposite party no. 2 failed to appear on the dates fixed for hearing of the petition under Section 5 of the Limitation Act for condonation of delay on 19.02.2021, 11.06.2021 and 04.09.2021. Subsequently delay was condoned vide order dated 04.02.2022 and next date was fixed on 28.03.2022 and on that day the matter was transferred to the Learned Additional Session Judge, 5th Court at Alipore for disposal
and date was fixed on 17.05.2022, the learned Session Judge called for LCR and adjourned next date on 20.07.2022.
6.
In view of the above factual position, it is premature to pass any order for expeditious disposal of CGR Case No.2993 of 2018. However, the revisional court is directed to take positive step to dispose of Criminal Motion No.143 of 2020 within three months from the date of communication of this order.
7.
The instant criminal revision is disposed of with the above order on contest.
(Bibek Chaudhuri, J.)