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Calcutta High CourtCRR/4123/2025disposed

Maloy Kumar Giri v. Prakash Kumar Mohanty And ORS.

2025-09-25Hon'Ble Justice Uday Kumar2 pages

25.09.2025 Ct. No. 22 KAUSHIK C.R.R. 4123 of 2025 In Re. Maloy Kumar Giri ... petitioner Mr. A. Bhuniya ......... for the petitioners.

1. This Revisional Application has been moved by Learned Counsel for the Petitioner, praying for the expeditious disposal of Complaint Case No. C.R. No. 148 of 2025, filed under Section 223 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is currently pending before the Learned Judicial Magistrate, 2nd Court, Tamluk.

2. Learned Counsel submits that the Complaint Case has been pending for an inordinate period, primarily due to the failure of the Trial Court to take up the matter expeditiously and the frequent grant of long and unnecessary adjournments.

3. It is submitted that such delay is violative of the Petitioner's fundamental right to a speedy trial, as guaranteed under Article 21 of the Constitution of India.

4. Having considered the submissions and perused the record, it is evident that the Complaint Case has remained pending for five months without substantial progress, and the ground of long and unwarranted

adjournments appears to be substantiated. The right to speedy trial is a cornerstone of our judicial system, and inordinate delay in the instant Complaint Case is unacceptable.

5. Accordingly, the Learned Judicial Magistrate, 2nd Court, Tamluk, is hereby Directed to take up the proceeding in Complaint Case No. C.R. 148 of 2025 on a priority basis.

6. The Learned Trial Court shall take every necessary endeavour to expedite the progress in the pending case, refraining from granting unnecessary adjournments and ensuring day-to-day proceedings where feasible.

7. In light of the above directions, the Revisional Application is accordingly disposed of.

(Uday Kumar, J.)