Adwaita Sarkar v. State Of West Bengal And ANR

CRR 1905 of 2020 11.04.2022 (AD 28) In the matter of: Adwaita Sarkar Ct. No. 34 ...petitioner (S. Banerjee) In re: An application under 482 of the Code of Criminal Procedure Ms. Jeenia Rudra Ms. Sahili Dey ... for the petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... for the State Ms. Afreen Begum ... for the opposite party no. 2 The revisional application was preferred challenging the proceeding arising out of Kushmandi Police Station Case No. 32 of 2018 dated 26.03.2018 under Sections 493, 498A of the Indian Penal Code, as also under Section 4 of the Dowry Prohibition Act.

Learned advocate appearing for the petitioner places a certified copy of the proceeding before the learned Additional Chief Judicial Magistrate, Gangarampur, Dakshin Dinajpur which reflects that after completion of investigation, charge-sheet was submitted and the case was transferred to the learned Judicial Magistrate and after charge being framed, evidence of the case has already commenced.

The records reflect on various dates process was issued for appearance of the witnesses but only one

witness till date has been examined, according to the learned advocate for the petitioner.

So far as the merits of the case is concerned, this court is of the opinion that no interference can be made regarding the merits as the evidence of the case has already commenced.

However, having regard to the manner in which the proceedings are progressing, I direct the learned Judicial Magistrate to fix at least one date in a month for recording of evidence so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observation, this revisional application, being CRR 1905 of 2020 is disposed of. Consequently pending application, if any, is also disposed of.

Interim order, if any, shall stand vacated.

Parties are to act in terms of a copy of this order duly downloaded from the official website of this court. (Tirthankar Ghosh, J.)