M/S Minakshi Enterprise v. Sudeepan Roy Chowdhury

30.11.2023

IN THE HIGH COURT AT CALCUTTA

Item No.447 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4448 of 2023 In the matter of : M/s. Minakshi Enterprise ... Petitioner. Mr. Shibaji Kumar Das ... For the Petitioner.

Petitioner is aggrieved by the manner in which case no. AC-4036 of 2018 is progressing before the learned Judicial Magistrate, 6th Court, Alipore. The grievance expressed by the petitioner is that although the case was instituted in the year 2018, only plea has been recorded and interim compensation of Rs.5,00,000/-, which has been awarded by the learned Judicial Magistrate, has till date not been paid. Learned advocate for the petitioner submits that by the time, the next date is fixed, more than five years would be concluded since initiation of the case and the complainant is suffering because of the same.

Petitioner is granted liberty to take out an application for execution of the interim compensation in accordance with the relevant provisions of law. The learned Magistrate would consider the same and pass necessary order of execution. So far as the trial of the case is concerned, the same may be tried separately and not on the same date. The learned Magistrate would fix one date in every month so that trial of the case can be concluded within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties. All efforts be taken to conclude the trial by 30.06.2025.

With the aforesaid observations, the revisional application being CRR 4448 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.)