This court held that the revisional application became infructuous as the trial had commenced. The court directed the trial court to expedite proceedings under Section 309 CrPC and disposed of the application.
Revisional application disposed; trial court directed to expedite trial under 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.
24.02.2022
Item No.42 Ct.No.34 dc.
IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION
C.R.R. 2736 of 2017
(Via Video Conference)
Arun Dhara
versus
The State of West Bengal & Ors.
In Re : An Application under Section 482 of the Code of Criminal Procedure.
Mr. Suman De … For the Petitioner. Mr. Arijit Ganguly, Ms. Debjani Sahu … For the State.
Mr. Suman De, learned advocate appears for the petitioner.
Ms. Sahu, learned advocate appears for the State and submits report of Inspector-in-Charge, Tamluk Police Station. The said report dated 21.02.2022 be kept on record.
The report reflects that charge was framed on 24.08.2018 and the evidence of the case has already commenced. The next date is fixed on 10.03.2022 for evidence of the present petitioner.
In view of the aforesaid, the revisional application has become infructuous.
Learned trial court is directed to expedite the progress of the trial and take the same to its logical conclusion by adhering to the provisions of Section 309 of the Code of Criminal Procedure.
With the aforesaid observations, the revisional application being CRR 2736 of 2017 is disposed of.
2
Interim order, if any, is hereby vacated.
All pending connected applications, if any, are consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
2 issues framed by the court
Whether the revisional application under Section 482 CrPC is infructuous due to the commencement of trial.
Whether the trial court should expedite the trial under Section 309 CrPC.
2 provisions across 1 enactments
Arun Dhara
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
