Bhim Chandra Mondal v. State Of West Bengal

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 3234 of 2022 Bhim Chandra Mondal Vs.

State of West Bengal For the petitioner :

Mr. Raju Mondal, Adv.

For the State :

Ms. Sreyashee Biswas, Adv.

Judgement on :

17.01.2023.

Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court for expeditious disposal of GR Case No. 1548/2006 corresponding to Burdwan Police Station Case No. 711/2006 dated 22nd November, 2006 under Sections 420/467/468/471 of the Indian Penal Code pending before the learned Judicial Magistrate, 5th Court, Purba Burdwan.

The petitioner is the accused of the said case. It is submitted on behalf of the petitioner that the case was instituted on 22nd November, 2006. Subsequently, charge-sheet was filed and the accused was brought to trial. In the year 2021, a Coordinate Bench of this Court passed an order in CRR 579/2021 directing the Trial Court to conclude the proceeding as expeditiously as possible without

granting any unnecessary adjournment to any of the charges preferably within the period of 10 months from the next date of hearing. The said period has elapsed but the trial has not been concluded. Pendency of GR Case No. 1548/2006 is a glaring example of non-compliance of the order passed by the High Court. It is submitted on behalf of the petitioner that there are eight chargesheeted witnesses and only one witness has been examined. Under such circumstances, the instant revision is disposed of directing the learned Magistrate to conclude examination of all the remaining witnesses within three months from the date of the order positively.

If the learned Magistrate fails to comply with the direction passed by this Court, the petitioner is at liberty to bring the matter to the notice of the Court for necessary action. The instant revision is, thus, disposed of.

The petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 89.