Priyanka Sarkar @ Priyanka Bala Sarkar v. State Of West Bengal

16. CRR 3354 of 2025 01.12.2025 Priyanka Sarkar @ Priyankabala Sarkar Bd.

Ct. 29 Vs. The State of West Bengal Mr. Ramdulal Manna Mr. Sayan Mukherjee ... for the petitioner. This is an application wherein petitioner has prayed for expeditious disposal of G.R. Case No. 263 of 2022 presently pending before learned Chief Judicial Magistrate, Malda, arising out of Kaliachak Police Station Case No. 49 of 2022 dated 12th January, 2022 under sections 341/325/307/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the case was instituted on 11th January, 2022 and the charge-sheet was submitted on 31st August, 2022. Since then the case is pending for commitment. The accused persons failed to appear before the court and for which, adjournments are granted in their favour day after day. Accordingly, he prayed for necessary direction upon the court below for expeditious commitment of the said criminal proceeding as the copy has already been served upon the accused persons under section 207 of the Cr.P.C.

Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if the present application is allowed in terms of the prayer made by the petitioner the opposite parties will have no cause to prejudice and as such the service of copy of application upon the opposite parties is dispensed with.

Having heard learned counsel for the petitioner and that the prayer made by the petitioner is justified and requires to be

allowed for the ends of justice considering the long pendency, invoking this Court's jurisdiction under section 483 Cr.P.C. read with section 529 of the BNSS the Magistrate concerned is hereby directed to commit the case record, if he finds that the present case involves issuing triable offence preferably within a period of sixty days from the next date of hearing and if required by splitting the case record in respect of the absconding accused persons if any.

CRR 3354 of 2025 is accordingly disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)