Disposed

Saraswati Das v. Bata Krishna Bera & Ors.

Calcutta HC14 Jul 2022CRR/2834/2019

Case brief

AI extract

What is this about?

The High Court corrected an apparent error in a Magistrate's order which allowed an adjournment to the complainant but paradoxically closed their evidence. The court set aside the observation on evidence closure, directed payment of adjournment costs, and fixed a timeline for completing the trial.

What did the court decide?

Impugned order set aside to the extent of evidence closure; Petitioner directed to deposit adjournment cost of Rs. 2000/-; Trial court to complete complainant's evidence within three months.

Saraswati Das Vs Bata Krishna Bera & Ors. — Civil Procedure and Limitation | Calcutta HC (2022)

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60 14.7.2022 sb

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CRR 2834 of 2019

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In the matter of : Saraswati Das

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…….Petitioner

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Mr. Dipanjan Chatterjee Ms. Puja Kar …for the petitioner Mr. P.K. Dutta, Ld. APP Mr. Santanu Deb Roy Md. Kutubddin …for the State

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Being aggrieved and dissatisfied with the order dated 4.9.2019 passed by the learned Judicial Magistrate, 3^rd Court, Paschim Medinipur, by which learned court concerned allowed adjournment petition filed by the petitioner/complainant with cost of Rs. 2000/- but at the same time contrary to this order closed evidence of PWs and fixed next date for examination of the accused under Section 313 of the Code of Criminal Procedure in connection with GR case no. 1002 of 2013 under Section 147/148/149/447/323 of the Indian Penal Code.

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Learned advocate for the petitioner submits that the order is self-contradictory and does not carry any sense, if it is taken as a whole. In the present warrant trial by Magistrate the complainant adduced evidence of three witnesses before charge and after framing of charge, PW1 has been examined and 4.9.2019, was fixed for cross examination of Pw-2 after charge. The complainant on that day prayed for an adjournment and learned trial court allowed complainant’s prayer for adjournment with cost of Rs. 2000/- but surprisingly after allowing complainant’s adjournment petition, learned trial court further pleased to order that evidence of complainant is closed and next date was fixed for examination

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of the accused under Section 313 of the Code of Criminal Procedure.

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Learned advocate for the State submits that this is palpably a contradictory order might have passed due to inadvertence, because once the Magistrate was convinced to allow complainant’s prayer for adjournment with cost of Rs. 2000/-, the question of closure of complainant’s evidence does not arise and the court cannot fix the next date for examination of the accused under Section 313 of the Code of Criminal Procedure without concluding the evidence intended to be adduced on behalf of the complainant.

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Having considered the facts and circumstances of the case and that there is inherent mistake apparent on the face of the order, wherein order written in the “filing up blanks” format the impugned order dated 4.9.2019 passed in CR case no. 1002 of 2013 is hereby set aside only to the extent of Magistrate’s observation relating to closure of evidence of the complainant. The petitioner is directed to deposit adjournment cost of Rs.2000/- as awarded by the Magistrate within a period of one month before the trial court and on being deposit, the learned trial court will complete the evidence intended to be adduced on behalf of complainant within a period of three months thereafter and will conclude the entire proceeding preferably within a period of three months, thereafter.

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Accordingly, CRR 2834 of 2019 is disposed of.

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Appointment of learned advocate for the State may be regularized by the legal remembrancer.

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Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Saraswati Das v. Bata Krishna Bera & Ors.

Case brief

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Saraswati Das v. Bata Krishna Bera & Ors.

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