Papiya Mahanta v. State Of West Bengal And ORS.

18.09.2025 Court No.22 DL/Item No.-11 [Milan] CRR 3273 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. The petitioner, Papiya Mahanta who is de-facto complainant in the Jagatdal P.S. Case No.103 of 2022 under Sections 465/468/120B/506 of IPC, 1860 in connection with GR 1320 of 2022, pending before learned Additional Chief Judicial Magistrate at Barrackpore.

2. This revisional application has been preferred by the petitioner, Smt. Papiya Mahanta, who is the de-facto complainant in Jagatdal P.S. Case No. 103 of 2022, dated [Date of FIR], under Sections 465, 468, 120B, and 506 of the Indian Penal Code, 1860, corresponding to G.R. Case No. 1320 of 2022, which is pending before the learned Additional Chief Judicial Magistrate at Barrackpore.

3. The learned advocate for the petitioner has brought to this Court's attention the fact that despite the charge sheet, being No. 567 of 2023, having been submitted as early as 24.08.2023, the case has been listed for a hearing on an inordinately distant date.

4. It is the primary contention of the petitioner that this inordinate delay is a gross denial of justice and a direct

violation of her fundamental right to a speedy trial, as enshrined in Article 21 of the Constitution of India. The learned counsel rightly emphasized that such prolonged pendency causes immense hardship and frustrates the very purpose of a criminal trial.

5. This Court has carefully considered the submissions made and has perused the materials on record. I find considerable merit in the petitioner's grievance. An unreasonable and unwarranted delay in the trial process not only undermines public confidence in the judicial system but is also contrary to the well-established principles of criminal jurisprudence.

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

7. The learned Additional Chief Judicial Magistrate at Barrackpore is directed to take all necessary steps to ensure the expeditious disposal of Jagatdal P.S. Case No. 103 of 2022, in connection with G.R. Case No. 1320 of 2022. 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. 3273 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 a priority basis upon compliance with all necessary formalities.

(Uday Kumar, J.)