Gayatri Dey v. Sujit Kumar Dey

18.11.2023

IN THE HIGH COURT AT CALCUTTA

Item No.342 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3988 of 2023 In the matter of : Gayatri Dey ... Petitioner.

Mrs. Karabi Roy ... For the Petitioner.

Petitioner has prayed for expeditious disposal of Criminal Misc. Case No. 816 of 2014 which is pending before the learned Judicial Magistrate, 4th Court, Alipore under Section 125 of the Code of Criminal Procedure. Records reflect that the said proceeding is pending for a period of nine years.

The learned advocate appearing for the petitioner submits that the petitioner has been attending the court, but different methods have been adopted by the opposite party for delaying the trial. Further there are systematic delays for which none can be held responsible.

The provisions of Section 125 of the Code of Criminal Procedure were incorporated with a definite purpose and the genesis of the same is from the concept of the welfare legislation as incorporated in the Constitution of India. Having considered the period for which the proceedings are pending, I direct the learned Magistrate to fix at least one date in a month so that trial of the case can be concluded preferably by 31.12.2024.

With the aforesaid observations, the revisional application being CRR 3988 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)