Harasit Mondal v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 2658 of 2022 Harasit Mondal Vs.

The State of West Bengal & Anr.

Mr. Malay Bhattacharya Mr. Subhrayjoti Ghosh ..for the petitioner Ms. Pushpita Saha ..for the State Item No.87.

Heard & Judgment on:

11.04.2023 Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court for expeditious disposal of G.R. Case No. 45 of 2014 arising out of Nabadwip Police Station Case No.44 of 2014 dated 24th January, 2014 under Sections 420/406/120B/34 of the Indian Penal Code.

This Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned P.P.-incharge. Accordingly, Ms. Pushpita Saha, learned advocate is requested to assist this Court on behalf of the prosecution. Appointment of Ms. Saha be regularized by the learned Legal Remembrancer, Government of West Bengal.

It is submitted by the learned advocate for the petitioner that though the case was instituted in the year 2014 against nine accused persons, as on this date four accused persons surrendered before the trial Court and warrant of arrest is pending for the rest five accused persons. Due to the pendency of the warrant of arrest, trial of the case cannot be proceeded. Due to non-appearance of other accused persons the petitioners are suffering.

I have considered the submission made by the learned advocate for the petitioner. Since the present petitioners along with other accused persons are on bail and I am told that they are regularly present in Court, the learned Judicial Magistrate, Nabadwip is at liberty to split up the record after exhausting the process against the remaining five accused persons. After splitting up of record, the learned Judicial Magistrate shall proceed with the trial of the present

case against the accused persons who are on bail and take all endeavour to dispose of the case expeditiously. With the above order, the instant revision is disposed of. The petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)