Disposed

Mithun Sharma v. State of West Bengal

Calcutta HC16 Dec 2022CRR/1130/2021

Case brief

AI extract

What is this about?

The High Court dismissed a criminal revision application filed by an employee challenged in Sections 354 IPC. The Court held that it was not inclined to interfere as evidence had commenced. It directed the trial court to conclude proceedings by January 31, 2024.

What did the court decide?

Revision application dismissed; directions issued to trial court to conclude case by January 31, 2024.

Mithun Sharma Vs State of West Bengal — Criminal Trial and Appeal | Calcutta HC (2022)

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16-12-2022 Subha Item no.12 Ct no.34

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IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

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CRR 1130 of 2021

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Sri Mithun Sharma -versusThe State of West Bengal

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Re : An application under Section 482 read with Sections 401/397 of the Cr.P.C.

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Mr. Arijit Ganguly Ms. Debjani Sahu ……for the State.

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The subject matter of this revisional application relates to an order dated 07-05-2020 passed in connection with New Town P. S. Case No. 279 of 2015 dated 13.05.2015 under Section 354 IPC by the Learned Additional Chief Judicial Magistrate, Barasat, 24 Parganas(N).

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As none appeared on behalf of the State, Mr. Arijit Ganguly, who ordinarily appears on behalf of the state was directed to represent the State. His appointment may be regularized by the concerned Authorities in due course.

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I find that the allegations in the F.I.R which was registered with the New Town Police Station was a dispute between the employer and the employee. The petitioner has tried to ventilate his grievance regarding the factum of truth and falsity of the allegations and in the alternative to appreciate that he has been malafidely prosecuted because of a complaint which has been initiated for wrecking vengeance.

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Be that as it may, the stage at which the petitioner approached this court was after the evidence has commenced.

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Having regard to the same, I am not inclined to interfere with the proceedings pending before the learned trial court.

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The records of this revisional application reflects that in CRR 1572 of 2018, a co-ordinate Bench of this court was pleased to direct the learned trial court to conclude the proceedings as expeditiously as possible preferably within a period of one year from the date of hearing and without granting any unnecessary adjournments to either of the parties.

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Having regard to the same, I direct that if the trial of the case has not been concluded, the learned trial court would take steps so that the same is concluded by 31^st January, 2024.

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With the aforesaid observations, the revisional application being CRR 1130 of 2021 is disposed of.

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Pending applications, if any, are consequently disposed of.

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All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.

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[Tirthankar Ghosh, J]

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Mithun Sharma v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Mithun Sharma v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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