The High Court directed the trial court to secure the attendance of the accused, record his plea, and conclude the trial expeditiously, preferably within one year from the date of plea recording, without unnecessary adjournments.
Direction to trial court to secure attendance, record plea, and conclude trial expeditiously.
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27 19-11-2024 Ct. No.34 b.das
CRR No. 3127 of 2024
In the matter of : Amit Das .. petitioner .
Mr. Falguni Bandyopadhyay Ms. Riya Ballav …for the petitioner.
Since the innocuous prayer of the petitioner is for expeditious disposal of Complaint Case No.139 of 2021 pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas the matter may be considered without service of notice upon the opposite parties.
The opposite parties shall not be prejudiced by an order directing expeditious disposal of the case.
Learned counsel for the petitioner submits that though the case was registered on 6th March, 2021, plea has not been considered by the learned Magistrate till date.
The accused/private opposite party failed to appear before the learned Trial Court on the date fixed by the Court for which warrant of arrest has been issued against him.
It appears from the record that the private opposite party/accused did not appear before the learned Trial Court on several occasions for which warrants of arrest
2
were issued against him. The accused was granted bail by the learned Trial Court on every occasion.
Since warrant of arrest has again been issued against the accused/private opposite party, the learned Trial Court is directed to secure the attendance of the private opposite party before him and consider recording of plea on the next date of hearing fixed before him. If the same is not possible due to unavoidable circumstances, recording of plea shall be considered within a month thereafter. The learned Trial Court shall also make all endeavours to conclude trial as expeditiously as possible, preferably within one year from the date on which plea is recorded, without granting any unnecessary adjournment to either of the parties, in accordance with law.
The revisional application being CRR 3127 of 2024 is disposed of.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
( Suvra Ghosh, J. )
1 issue framed by the court
Whether the trial court should expeditiously record the plea of the accused and conclude the trial?
Amit Das
Private Opposite Party/Accused
Suvra Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
