Disposed

B. Chandrashekhar Rao and Ors. v. State of West Bengal and Anr.

Calcutta HC16 Apr 2021CRR/689/2021

Case brief

AI extract

What is this about?

Single judge disposed an application under Section 483 Cr.P.C. directing the trial court to ensure expeditious disposal of a pending case with a charge framed in 2016. The court ordered the case to be logically concluded within 18 months using Section 309 Cr.P.C.

What did the court decide?

Directed the lower court to dispose of the case within 18 months utilizing Section 309 Cr.P.C.

B. Chandrashekhar Rao and Ors. Vs State of… — Civil Procedure and Limitation | Calcutta HC (2021)

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16.04.2021 Item No.5 Ct. No.42 CHC

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C.R.R. No.689 of 2021

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(Through Video Conference)

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In Re: An application under Section 483 of the Code of Criminal Procedure.

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In the matter of:-

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Mr. Malay Bhattacharyya ... for the petitioners in virtual mode

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Mr. Madhusudan Sur, Ld. A.P.P. Mr. Dipankar Paramanick

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The Court is approached under Section 483 of the Code of Criminal Procedure soliciting a direction to ensure expeditious disposal of G.R. Case No.7181 of 2013 under Sections 45/46 of the West Bengal Town and Country (Planning & Development) Act and Section 4(D) of the West Bengal Land Reforms Act, now pending before the learned Judicial Magistrate, 1^st Court, Barrackpore, North 24 Parganas.

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Mr. Sur, learned Additional Public Prosecutor is present in Court. Since a direction to ensure expeditious disposal is the only prayer, which may be disposed of immediately upon serving a copy of the revisional application to Mr. Sur, for the proper address of this issue involved in this case.

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Mr. Sur, learned advocate representing the State upon perusal of the records submits that the principal grievance of petitioners is the delay caused in the progress of the trial, and nothing else.

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Learned advocate for the petitioners, Mr. Malay Bhattacharyya submits that there has been inordinate delay caused in the progress of the trial causing serious prejudice to the valuable right of the petitioners.

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The attention of the Court is drawn to the copy of the ordersheets of the learned court below, wherefrom it is revealed that charge against the petitioners has already been framed on 17^th May, 2016, and till date no witness, according to petitioners, could be examined by the learned court below.

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Having considered the submission of both sides and bearing in mind the materials placed in the record, the Court is of the view that the instant revisional application may be disposed of so as to subserve the purpose of justice, giving direction mentioned as hereunder.

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Learned court below is directed to ensure expeditious disposal of the pending case after making effective utilization of the dates so far scheduled, and if necessary, upon resorting to steps available under Section 309 Cr.P.C. so that the logical conclusion of this case may be reached within a reasonable period of time, preferably within a period of eighteen (18) months from the date of communication of this order.

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With this direction/observation, the instant revisional application stands disposed of.

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All parties shall act in terms of copy of this order downloaded from the official website of this Court.

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Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

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(Subhasis Dasgupta, J.)

B. Chandrashekhar Rao and Ors. v. State of West Bengal and Anr.

Case brief

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B. Chandrashekhar Rao and Ors. v. State of West Bengal and Anr.

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