Sanjeeb Kumar Dawn v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 3423 of 2022 Sanjeeb Kumar Dawn -VsThe State of West Bengal & Anr.

For the Petitioner: Mr. Pawan Kumar Gupta, Adv; Mr. Sofia Nesar, Adv;

Mr. Santanu Sett, Adv.

For the State: Mr. Palash Majhi, Adv. Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of B.G.R. Case No. 2203 of 2015 arising out of Bishnupur Police Station Case No. 518 of 2015 dated 6th May, 2015 under Section 120B/420/419/406/465/467/ 468/471 of the Indian Penal Code presently pending before the learned Judicial Magistrate, 8th Court at Alipore.

2.

On perusal of averment made in the instant revision and having heard the learned Advocate for the petitioner this Court is of the view that the instant revision can be disposed of here and now with the assistance

of the learned Advocate for the state. Accordingly, Mr. Palash Majhi learned Advocate is requested to assist this Court on behalf of the state. Appointment of Mr. Palash Majhi learned advocate be regularized by the learned Legal Remembrancer, Government of West Bengal. 3.

It is submitted by the learned advocate for the petitioner that the case was initiated on the basis of a complaint against the opposite party no. 2 before Bishnupur Police Station case no. 518 of 2015 dated 6th May, 2015 under Section 120B/420/419/406/465/467/468/471 of the IPC. After completion of investigation charge sheet was submitted being no. 355 of 2017 dated 13th April, 2017 against the opposite party no. 2 showing him absconder. Warrant of arrest was issued against him on 6th June, 2017 and on arrest, bail was granted on 20th July, 2017. The said order was challenged before this Court being CRM no. 10706 of 2017 which is still pending for adjudication. The learned Magistrate framed charge on 19th December, 2019 under section 120B/420/419/406/465/ 467/468/471 of the IPC fixing 9th July, 2020 for evidence of CSW-1. The case was registered on 2015 and charge framed on 2019 but till date only part examination of the petitioner as witness was done and no progress in trial.

4.

Under such circumstances, petitioner has prayed for expeditious disposal of the case.

5.

In view of the above factual position and considering the pendency of the case, the instant application is disposed of directing the trial court,

to examine all the charge-sheeted witnesses within December, 2023 and dispose of the case at the earliest.

6.

The instant criminal revision is thus disposed of with the above direction.

7.

The learned Advocate for the petitioner is at liberty to communicate this order to the trial court and the trial court is directed to act upon the server copy of the order.

(Bibek Chaudhuri, J.)