The High Court directed the learned Judicial Magistrate to expedite disposal of proceedings under Section 127 CrPC and adopt Section 309 CrPC provisions for speedy trial.
Directive to expedite disposal of proceedings under Section 127 CrPC via Section 309 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
D/L 33 March 3, 2022 Bpg.
C.R.R. No.1275 of 2019
In Re: An application under Section 482 of the Code of Criminal Procedure;
Sri Pradip Biswas Versus Smt. Babli Biswas
Mr. Rony Mondal. …for the petitioner.
The present revisional application was filed for expeditious hearing of Misc. Case No.3 of 2016 under Section 127 of the Code of Criminal Procedure pending before the learned Judicial Magistrate, 1st Court, Barrackpore, North 24 Parganas.
Records of this revisional application reflect that initially the case was instituted in the year 2013 and the present petitioner filed an application under Section 127 of the Code of Criminal Procedure before the learned Magistrate.
Records also reflect that by an order dated 11.03.2019, the present petitioner was examined in the said proceedings under Section 127 of the Code of Criminal Procedure as PW1 and the next date was fixed on 13th December, 2019 for further evidence.
Having regard to the passage of time, which has elapsed in the meantime, I direct the learned Judicial Magistrate, in seisin of the proceedings, to expedite the disposal of the proceedings, if the same till date has not been disposed of. The learned Judicial Magistrate would in the fitness of the circumstances adopt the
2
provisions of Section 309 of the Code of Criminal Procedure and arrive at his own finding.
With the aforesaid observations, CRR 1275 of 2019 is
disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether the revisional application under Section 482 CrPC should be disposed of by directing expedited hearing under Section 309 CrPC.
3 provisions across 1 enactments
Sri Pradip Biswas
Smt. Babli Biswas
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
