Shree Prakash Jaiswal v. State Of West Bengal And ANR

January 17, 2025 56 ARDR CRR 5198 of 2024 Shree Prakash Jaiswal Vs.

The State of West Bengal & anr.

Mr. Shree Prakash Jaiswal, ...petitioner in person.

Adv. Rajdeep Bhattacharya, ...for the op. no.2.

Affidavit of service filed by the petitioner is taken on record. None appears for the State despite service.

Mr. Arijit Ganguly, learned advocate who is present in Court and usually represents the State is requested to appear on behalf of the State in this matter. His appointment be regularised by the appropriate authority.

The petitioner is directed to serve copy of the application along with annexure thereto upon Mr. Ganguly in course of this day. Heard the petitioner in person and the learned counsel appearing for the private opposite party.

The petitioner primarily seeks expeditious disposal of G.R. case no. 3068 of 2018 pending before the learned Judicial Magistrate, 4th Court, Alipore, South 24 Parganas.

The petitioner submits that despite several opportunities being granted by the learned trial Court, the private opposite party/accused has not cared to appear before the learned trial Court which has in fact stalled further proceeding. No coercive action has also been taken by the learned trial Court for such violation on the part of the private opposite party.

It appears that the matter is pending since 2018 and FIR was lodged way back in 2014. Charges are yet to be considered. According

to the petitioner, the learned trial Court is unable to consider charges due to absence of the accused/private opposite party. In view of the fact that the matter is pending for a considerable period of time, the learned trial Court is directed to take necessary steps for securing the attendance of the accused/private opposite party before him and take up the case for consideration of charge on the next date of hearing fixed before him and if the same is not possible due to unavoidable circumstances, within two weeks thereafter. The learned trial Court shall take the proceeding to its logical conclusion within one year from the date when the charges are considered, without granting any unnecessary adjournment to either of the parties, in accordance with law.

CRR 5198 of 2024 is disposed of.

Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)