Mayna Mitra Sarkar v. State Of West Bengal And ORS.
NB 01.04.2022 High Court at Calcutta In The Circuit Bench At Jalpaiguri Ct. No. 39 Appellate Side CRR 46 of 2022 In the matter of:- Mayna Mitra Sarkar ...petitioner Mr. Mojibar Ali Laskar, Mr. Md. Ali Ahasan.
....for the petitioner.
Leave is granted to correct the cause title.
This is an application seeking an expeditious disposal of a proceeding in which a charge was submitted under Section 498A of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Affidavit of service filed on behalf of the petitioner is taken on record.
Despite service, no one appears on behalf of the State. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is the de facto complainant and the victim lady in the present case. She lodged the present FIR on 07.10.2015. A charge sheet was submitted on 29.11.2015. The prosecution proposes to examine three witnesses. However, one of the witnesses passed away in the meantime. In spite of these, till date even charges could not be framed. The matter has remained pending for no fault on the part of the present petitioner. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition. No prejudice will be caused to anyone, if a direction is passed to expedite the proceeding.
It appears that some delay has been occasioned in the instant case, especially considering the fact that although a charge sheet was submitted in this case by 2015, till date even charges could not be framed.
In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties and in particular, to decide the issue of framing of charges at the earliest, preferably within a period of three months from the next date. With the above observations, the revisional application is disposed of.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)