Papiya Mahanta v. State Of West Bengal And ORS.

18.09.2025 Court No.22 DL/Item No.-9 [Milan] CRR 3271 of 2025 In the matter of:

Papiya Mahanta versus The State of West Bengal & Ors.

Mr. Gunjan Kumar Singh, Mr. Vijay Kumar Verma ....for the Petitioner

1. This revisional application has been preferred by the petitioner, Smt. Papiya Mahanta, who is the de-facto complainant in Barrackpore Women P.S. Case No. 34 of 2022, dated 18.06.2022, under Sections 323, 341, 354, 499, and 34 of the Indian Penal Code, 1860, corresponding to G.R. Case No. 5683 of 2022, pending before the learned Judicial Magistrate, 1st Court at Barrackpore, for its expeditious disposal.

2. The essence of the petitioner's grievance is the inordinate and unreasonable delay in the commencement of the trial. The learned advocate for the petitioner has drawn this Court's attention to the fact that despite the charge sheet having been submitted as early as 28.09.2022, the case has been listed for a hearing on an inordinately distant date, namely, December09, 2026.

3. The learned counsel for the petitioner submits that such an inordinate delay constitutes a gross denial of justice and is a direct violation of the petitioner's fundamental right to a

speedy trial, which is an integral facet of Article 21 of the Constitution of India. It has been rightly emphasized that the prolonged pendency of a criminal trial causes immense hardship to the victim and frustrates the very purpose of criminal jurisprudence.

4. Upon careful consideration to the submissions advanced by the learned advocate for the petitioner and has perused the records. I find considerable merit in the petitioner's contention. An unreasonable and unwarranted delay in the trial process erodes public confidence in the judicial system and is patently contrary to the well-established principles of criminal law, which mandate that justice must not only be done but must also be seen to be done without undue delay.

5. In view of the foregoing, and in the interest of justice, this revisional application is hereby allowed.

6. The learned Judicial Magistrate, 1st Court at Barrackpore, is directed to take all necessary steps to ensure the expeditious disposal of Barrackpore Women P.S. Case No. 34 of 2022, corresponding to G.R. Case No. 5683 of 2022.

7. The learned Magistrate shall take up the matter on a priority basis, fix an early date for the commencement of the trial, and shall make every endeavour to conclude the proceedings as expeditiously as possible.

8. Let a copy of this order be communicated to the learned Trial Court forthwith for immediate compliance.

9. This revisional application, being C.R.R. 3271 of 2025, is accordingly disposed of.

10.

There shall be no order as to costs.

11.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on priority basis upon compliance with all necessary formalities.

(Uday Kumar, J.)