Jayanta Naskar And ORS v. State Of West Bengal

11.11.2022 Sl. No. 12 Srimanta Ct.No. 42 CRR/2645/2022 In the matter of : Jayanta Naskar & Ors.

...petitioners.

Mr. Arijit Chatterjee, Adv., Ms. Sharmistha Dhar, Adv.

...for the petitioners.

Mrs. Baisali Basu, Adv.

...for the State.

The petitioners are charge-sheeted accused persons in connection with G. R. Case No. 4309/2013 arising out of Sankrail Police Station Case No. 384/2013 under Sections 498A/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act pending in the 5th Court of the Learned Judicial Magistrate at Howrah.

The petitioners are constrained to approach this Court for expeditious disposal of the above-mentioned case in which charges under the aforesaid penal provisions were framed against them way back on 10th August, 2016.

Considering the averment made by the petitioners in the instant application and having heard the Learned Advocate for the petitioners, this Court is of the view that the instant revision can be disposed of here and now with the assistance of the Learned Public Prosecutor-in-Charge. Mrs. Baisali Basu, Learned Public Prosecutor-in-Charge is requested to assist this Court on behalf of the prosecution. The Learned Advocate for the petitioners is requested to serve a copy of the application at once to the Learned Public Prosecutor-in-Charge.

The application is taken up for hearing. Unfortunately enough that though there are only four charge-sheeted

witnesses and the charge against the petitioners was framed on 10th August, 2016, the Learned Magistrate could not conclude trial of the case by examining the charge-sheeted witnesses during the period of almost six years. Under such circumstances, this Court is of the view that this is a fit case where specific direction should be issued directing the Learned Magistrate to dispose of the abovementioned case pending in his board expeditiously within a specific timeframe.

Accordingly, the instant revision is disposed of directing the Learned Magistrate, 5th Court at Howrah to conclude witness action within three months from the date of communication of this order. The Learned Magistrate is further directed to come to a logical conclusion of this case within one month thereafter.

The parties are at liberty to act on the server copy of this order.

( Bibek Chaudhuri, J. )