Disposed

Krishnendu Basak and Ors. v. State of West Bengal and Ors.

Calcutta HC5 Mar 2021CRR/654/2021

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What is this about?

The High Court, while hearing a revisional application for expeditious disposal of a pending criminal trial, directed the Trial Court to conclude the proceedings within one year without unnecessary adjournments. The petitions related to offences under Sections 498A, 406 of the IPC and the Dowry Prohibition Act.

What did the court decide?

Direction to the Trial Court to conclude the proceeding expeditiously within one year without unnecessary adjournments.

Krishnendu Basak and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2021) — LawSathi Research

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05.03.2021 5 SB Ct. No.32

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CRR 654 of 2021

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In the matter of :Sri Krishnendu Basak & Ors.

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Mr. Bibaswan Bhattacharyya …. For the Petitioners Mr. Imran Ali Ms. Debjani Sahoo ….For the State

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This is an application seeking an expeditious disposal of a proceeding in which charge sheet was submitted under Sections 406, 498A, read with Section 34 of the Penal Code and Sections 3, 4 of the Dowry Prohibition Act.

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Let a copy of the application be served upon Mr. Imran Ali and Ms. Debjani Saho, learned counsels who ordinarily appear on behalf of the State. They are requested to appear in this matter. Their engagement may be regularised by the competent authority of the State in due course.

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Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. Although the First Information Report was registered in June 2016 and a charge sheet was submitted in December 2017, till date the proceeding could not be concluded. Much time was taken for framing of charge, which was ultimately done on 20.01.2020. Even thereafter, at least on four occasions the witnesses did not turn up. The proceeding has remained pending for no fault on the part of the petitioners.

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The learned counsel appearing on behalf of the State submits that it will be in the interest of justice if the impugned proceeding is expedited.

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I have heard the submissions of the learned counsels appearing on behalf of the petitioners and the State and have perused the revision petition.

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No prejudice would be caused to any one if a direction is passed for an expeditious disposal of the proceeding.

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It appears that some delay was occasioned in concluding the proceeding.

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In view of the above and in the interest of justice, I request the learned Trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of one year from the next date of hearing.

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With these observations, the revisional application is disposed of.

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Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings.

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(Jay Sengupta, J.)

Krishnendu Basak and Ors. v. State of West Bengal and Ors.

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Krishnendu Basak and Ors. v. State of West Bengal and Ors.

Case brief

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