Siddhartha Dey And Another v. Abhisek Paul
39.
CRR 4751 of 2025 18.12.2025 Siddhartha Dey & Anr. Bd.
Ct. 29 Vs. Abhisek Paul Mr. Sayan Das Mr. Arijit Gupta Ms. Subheccha Basak ... for the petitioners. This is an application wherein petitioners have prayed for expeditious disposal of the proceeding being AC 418 of 2024 presently pending before learned 9th Judicial Magistrate, Alipore, South 24 Parganas.
It is submitted on behalf of the petitioners that the opposite party herein as complainant lodged a written complaint on 13.02.2024. Thereafter, several dates were posted but the matter is still fixed for further evidence before charge of PW 1 before the court below. Learned Trial Court has not taken any initiative to expedite the trial and on the contrary the complainant is taking adjournments one after another, which resulted long pendency of the case. Therefore, they seek a direction to the court below for expeditious disposal of the instant proceeding.
Having heard learned counsel for the petitioners, it appears that the prayer made by the petitioners is innocuous and if allowed in terms of the prayer made in the application the opposite party will have no cause to prejudice and as such service of copy of application upon the opposite party is dispensed with.
Since the prayer made by the petitioners is justified, I find that the prayer is required to be allowed for the ends of justice.
Therefore, CRR 4751 of 2025 is hereby disposed of with a direction upon the 9th Judicial Magistrate, Alipore, South 24 parganas, to make every endeavour for expeditious disposal of the trial and to make his best effort to conclude the entire proceeding within a period of six months from the next date of hearing. This order is passed invoking this Court's jurisdiction under section 529 of the BNSS.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)