The High Court revised the proceedings under Section 482 CrPC, directing the lower court to fix dates for evidence recording to conclude the trial by 31st December 2022, considering the petitioner's employment barriers due to case pendency.
Direction to lower court to fix evidence dates within a fortnight and conclude trial by 31st December 2022.
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IN THE HIGH COURT AT CALCUTTA 02-12-2022 Criminal Revisional Jurisdiction Subha Item no.12 CRR 368 of 2021 Ct no.34
CRR 368 of 2021 Biswajit Shee -versus State of West Bengal & Anr.
Re : An application under Section 482 of the Code of Criminal Procedure.
Mr. Subir Banerjee Mr. Anupam Ghosh Mr. R. Saha Ms. Rimpa Das …..for the petitioner.
Mr. Madhusudan Sur, ld. APP, Mr.Manoranjan Mahata …for the State.
The present revisional application has been preferred challenging the proceedings relating to G. R. Case No. 414 of 2017 arising out of Gangarampur P. S. Case No. 196 of 2017 dated June 4, 2017 under Sections 354/354D(1)(i)(ii)/506/509 of the Indian Penal Code.
It has been submitted that in this case after submission of chargesheet, charge has already been framed and the evidence of the case is in progress.
Learned advocate for the petitioner submits that at this stage he would restrict his prayer for expeditious disposal of the case in view of the fact that the pendency of the criminal case is debarring the petitioner from any employment.
Having regard to the nature of the offence, number of
2
witnesses so relied upon, I direct the learned Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur to fix at least one date in a fortnight for the purposes of recording evidence of the present case so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.
The learned Public Prosecutor conducting the case before the learned Magistrate would ensure regarding the availability of the witnesses on the date so fixed.
All efforts must be taken so that the trial is concluded by 31st December, 2022.
With the aforesaid observations, the present revisional application being CRR 368 of 2021 is disposed of.
Pending applications, if any, are consequently disposed of.
All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.
2 issues framed by the court
Whether to direct the trial court to expedite the recording of evidence and conclude the trial within a specific timeframe.
Whether to grant expeditious disposal of the criminal proceedings pending against the petitioner.
1 provisions across 1 enactments
Biswajit Shee
State of West Bengal
Unknown Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
