Mahadev Halder v. State Of West Bengal

May 1, 2023 AD - 17 Ct. 34 SG CRR 2461 of 2021 In Re. An application under Section 483 of the Code of Criminal Procedure, 1973.

Sri Mahadev Halder -versus- The State of West Bengal Ms. Paulomi Banerjee ... for the petitioner.

Mr. Saswata Gopal Mukherjee Mr. Arijit Ganguly Ms. Debjani Sahu ... for the State.

Report submitted by learned counsel for the State be kept with the record.

Report reflects that learned Additional Chief Judicial Magistrate, Baruipur has fixed the date viz 21.05.2023 for execution report of the warrant of arrest of 2 absentee accused persons viz Swapan Gayen and Binod Gayen and also in respect of rest of the accused persons who appeared before the court, leaving aside the accused who have expired.

In view of the delayed pendency of the case which was instituted in the year 1997, learned Additional Chief Judicial Magistrate, Baruipur is directed to commit the case to the court of sessions on 21.05.2023 or within a week thereafter. In case all the accused persons appear on 21.05.2023, learned Additional Chief Judicial Magistrate

would commit the case or in the alternative segregate the case from the accused persons who are absent and commit the case to the court of sessions within a week thereafter. Steps be taken by learned sessions court as already 25 years have expired from institution of the case for which the accused persons cannot proceed with the case. With the aforesaid observations, CRR 2461 of 2021 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. ( Tirthankar Ghosh, J. )