Swagata Sengupta v. State Of West Bengal And ANR

04.07.2024 rc/ct.no.34 Item No.16 CRR No. 2223 of 2024 In the matter of : Swagata Sengupta .......Petitioner Ms. Jagriti Bhattacharya ...for the Petitioner Mr. Soumyajit Das Mahapatra Mr. Palash Bapari ...for the O.P.No.2 Mr. Debasish Roy Ms. Rajnandini Das ....for the State The petitioner who is the complainant in Misc. Case No. 209 of 2023 filed under Section 340 of the Code of Criminal Procedure pending before the learned Judicial Magistrate, 3rd Court, Chandannagar, Hooghly seeks expeditious disposal of the Misc. Case.

Learned counsel for the opposite party no. 2 submits, on instructions, that a copy of the application under Section 340 of the Code has not been served upon the opposite party no. 2. It appears that the Misc. Case No. 209 of 2023 was filed on July 15, 2023 and dates have been fixed for examination of the complainant. It also appears that the Court is lying vacant at present.

In view of the above, this Court is inclined to hold that since the Presiding Officer of the Court has been transferred and the complainant is yet to be examined, the present application

seeking expeditious disposal of the proceedings is premature and cannot be entertained.

The CRR No. 2223 of 2024 is dismissed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)