Moumita Mandal @ Mou Mandal v. State Of West Bengal And ANR

C.R.R.2896 of 2023 D/L164 06.09.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Moumita Mondal @ Mou Mandal

Versus

State of West Bengal and another Mr. Shibaji Kumar Das Ms. Rupsa Sreemani.

...for the petitioner.

Mr. Madhusudan Sur Mr. Dipankar Pramanick.

...for the State.

Ms. Oindrila Ghosh.

...for the opposite party no.2.

Affidavit of service so filed be kept with the record. The present revisional application was preferred challenging the continuance of the proceedings so far as one Moumita Mandal @ Mou Mandal is concerned in connection with Manicktala Police Station Case No.96 of 2015 wherein charge-sheet was submitted under Sections 498A/34 of the Indian Penal Code. It has been submitted that charge has already been framed in the month of September, 2023. The next date is fixed on November 24, 2023. The case was initiated in the year 2015. Charge-sheet was submitted in the year 2016.

Considering the fact that more than eight years have passed since the initiation of the case and that the charge has already been framed, I am not inclined to interfere at this stage. However, the petitioner is granted liberty to approach this Court

after the examination-in-chief and cross-examination of the complainant/CSW1 is over.

It has been informed that the evidence of CSW1 has been fixed on 24th November, 2023.

Accordingly, I direct that the evidence of this witness be conducted once in every three days so that the examination-in-chief and cross-examination is completed by 15th December, 2023. Petitioner is granted liberty to agitate the same points along with the evidence of CSW1/PW1 by taking out a fresh revisional application before this Court.

With the aforesaid observations, CRR 2896 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)