Ram Prasad Harizan & ORS. v. State Of West Bengal & ANR.

C.R.R.3715 of 2007 D/L46 August 3, Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Ram Prasad Harizan and others

Versus

State of West Bengal and another The present revisional application has been preferred challenging the proceedings being C. Case No.6080 of 2005 under Sections 406/34 of the Indian Penal Code pending before the learned Judicial Magistrate, 8th Court, Alipore, South 24-Parganas. Records reflect that the revisional application was taken up on the point of admission on 15.10.2007 when there was an interim order for a period of eight weeks. The said interim order was never extended and no information has been furnished to this Court regarding the present stage of the proceedings before the learned trial court.

Having regard to the period of time which has elapsed which is almost 15 years, I am of the opinion that the pendency of the revisional application before this Court is unwarranted. In case the proceedings are still pending before the learned Judicial Magistrate, 8th Court, Alipore, the learned court would grant liberty to the petitioners to agitate the issues canvassed in this revisional application at the appropriate stage of the proceedings. With the aforesaid observations, CRR 3715 of 2007 is disposed of.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)