Sekhar Kumar Sarkar v. Santosh Kumar Shaw

August 9, 2024 32 ARDR CRR 3282 of 2024 Sekhar Kumar Sarkar Vs.

Santosh Kumar Shaw Adv. Soumojit Chatterjee, for the petitioner.

Since the innocuous prayer of the petitioner is for expeditious disposal of complaint case no. 100557 of 2022 pending before the learned Metropolitan Magistrate, 10th Court, Calcutta (presently redesignated as the Judicial Magistrate, 10th Court, Calcutta) the matter may be disposed of without service of notice upon the opposite party. The opposite party shall not be prejudiced by an order directing expeditious disposal of the matter. It appears from the certified copy of the order placed before this Court that the accused/opposite party has consistently failed to appear before the learned trial Court despite being granted opportunities much more than required. The case is unable to proceed for the said reason.

In view of the above, the learned trial Court is directed to exhaust all necessary measures for securing the attendance of the accused/opposite party before him and dispose of the matter as expeditiously as possible without granting any unnecessary adjournment to either of the parties, in accordance with law. With the aforesaid directions, CRR 3282 of 2024 is disposed of. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities. (Suvra Ghosh, J.)