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Calcutta High CourtCRR/4106/2022disposed

Dilip Dutta @ Dilip Kumar Dutta v. State Of West Bengal And ANR

2023-01-18Hon'Ble Justice Bibek Chaudhuri3 pages

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

The Hon'ble Justice Bibek Chaudhuri CRR 4106 of 2022 Dilip Dutta @ Dilip Kumar Dutta Vs.

The State of West Bengal and Anr.

Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ..for the petitioner Item No. 90.

Heard & Judgment on:

18.01.2023 Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court for expeditious disposal of G. R. Case No.3679 of 2008 arising out of Dumdum P.S. Case No.324 of 2008 dated 19th November, 2008 under Sections 406/420/468/471 of the Indian Penal Code

pending before the learned Judicial Magistrate, 2nd Court at Barrackpore.

It is submitted on behalf of the accused that charge sheet was submitted in the above mentioned case in the year 2009 before the learned Additional Chief Judicial Magistrate at Barrackpore. Learned Additional Chief Judicial Magistrate, Barrackpore transferred the said case to the Court of the learned Judicial Magistrate, 2nd Court at Barrackpore. Charge was framed against the accused persons in the year 2014. Thereafter, out of 12 charge sheeted witnesses only one witness has been examined till date. Since 2019 till date no witness on behalf of the prosecution turned up.

The learned Magistrate did not examine any witness in respect of the above case.

Under such circumstances, the instant revision is disposed of directing the learned Magistrate, 2nd Court at Barrackpore to conclude examination of remaining 11 witnesses within six months form the date of this order and come to a logical conclusion of the case within one month thereafter. With the above direction, the instant revision is disposed of.

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

(Bibek Chaudhuri, J.)