Allowed

Sathi Mallik @ Sahthi Mallick @ Sathi Mallick v. State of West Bengal and Anr.

Calcutta HC16 Apr 2021CRR/693/2021

Case brief

AI extract

What is this about?

This revision petition under Section 483 Cr.P.C. sought a direction to ensure speedy disposal of a pending criminal case. The court directed the lower court to mark the commencement of the trial within three months and utilize Section 309 Cr.P.C. if necessary.

What did the court decide?

Direction to the Learned Judicial Magistrate to mark commencement of trial within three months using Section 309 Cr.P.C. if necessary.

Sathi Mallik @ Sahthi Mallick @ Sathi… — Civil Procedure and Limitation | Calcutta HC (2021)

¶1

16.04.2021 Item No.8 Ct. No.42 CHC

¶2

C.R.R. No.693 of 2021

¶3

(Through Video Conference)

¶4

In Re: An application under Section 483 of the Code of Criminal Procedure, 1973.

¶5

In the matter of:-

¶6

Sathi Mallik @ Sahthi Mallick @ Sathi Mallick …..petitioner

¶7

Mr. Debayan Ghosh, Mr. Koustav Bagchi ... for the petitioner in virtual mode

¶8

Mr. Madhusudan Sur, Ld. A.P.P. Mrs. Sonali Das

¶9

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.2601 of 2016, under Sections 341/447/323/509/506/34 of the Indian Penal Code, now pending before the Learned Judicial Magistrate, 3^rd Court, Barrackpore, North 24 Parganas.

¶10

The prime contention of learned advocate for the petitioner appearing in virtual mode is that there has been inordinate delay caused in the commencement of the trial resulting in serious prejudice to the petitioner.

¶11

The copy of this revisional application has not been served upon the State.

¶12

¶13

Mr. Sur, learned Additional Public Prosecutor is present in Court.

¶14

Since a direction in simpliciter to ensure expeditious disposal of a pending case is sought for, the Court is of the view that the instant revisional application may be disposed of upon serving a copy of the revisional application to Mr. Sur for the proper address of the issue involved in this case.

¶15

Upon perusal of the materials placed in record, Mr. Sur, submits that this is Magistrate triable case, and after submission of the chargesheet, the Court has already supplied copy to the petitioner and the learned court below could not mark the commencement of the trial for non appearance of the accused person.

¶16

Having considered the submission of both sides, the Court is of the view that the instant revisional application may be disposed of by giving direction mentioned as hereunder.

¶17

Learned court below is directed to mark commencement of the trial fixing dates within three months from the date of communication of this order with an aim to ensure expeditious disposal, and if necessary upon resorting to steps available under Section 309 Cr.P.C.

¶18

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

¶19

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

¶20

¶21

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

¶22

(Subhasis Dasgupta, J.)

Sathi Mallik @ Sahthi Mallick @ Sathi Mallick v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Sathi Mallik @ Sahthi Mallick @ Sathi Mallick v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Safikul Islam @ Khoka Vs State of West Bengal

Abbas Mondal @ Babu Vs State of West Bengal and Ors.

Biplab Biswas and Another Vs State of West Bengal

Monojit Das @ Monojit @Jhanta @ Jhantu Vs State of West Bengal

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

Ujjal Nath Vs State of West Bengal