Disposed¶11

Priyanka Sarkar @ Priyanka Bala Sarkar v. State of West Bengal

Calcutta HC1 Dec 2025CRR/3354/2025

Case brief

AI extract

What is this about?

Keywords: CRR 3354 of 2025; expeditious disposal of criminal case; expeditious commitment; long pendency; G.R. Case No. 263 of 2022; Kaliachak Police Station Case No. 49 of 2022; Chief Judicial Magistrate Malda; sections 341/325/307/34 IPC; section 207 Cr.P.C.; section 483 Cr.P.C.; section 529 BNSS; sixty days commitment direction; absconding accused; splitting of case record; supervision of subordinate courts; speedy trial.

What did the court decide?

Application disposed of; Magistrate concerned directed to commit the case record preferably within sixty days from the next date of hearing, with liberty to split the record for absconding accused, if any; urgent Photostat certified copy of the order to be supplied on compliance of requisite formalities. ¶11

Priyanka Sarkar @ Priyanka Bala Sarkar Vs State of West Bengal — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct expeditious disposal/commitment of G.R. Case No. 263 of 2022 pending before the Chief Judicial Magistrate, Malda.

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Court's answer

The prayer made by the petitioner was held justified and allowed for the ends of justice considering the long pendency of the case.

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Ratio / Principle

Invoking its jurisdiction under section 483 Cr.P.C. read with section 529 of the BNSS, the Court directed the Magistrate concerned to commit the case record if he finds that the present case involves issuing triable offence.

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Key takeaways

Commitment to be made preferably within sixty days from the next date of hearing, and if required by splitting the case record in respect of the absconding accused persons, if any.ratio¶10

Detailed headnote1 paragraphs

Criminal revision (CRR 3354 of 2025, order dated 01.12.2025). The petitioner Priyanka Sarkar @ Priyankabala Sarkar sought expeditious disposal of G.R. Case No. 263 of 2022, pending before the learned Chief Judicial Magistrate, Malda, arising out of Kaliachak Police Station Case No. 49 of 2022 dated 12 January 2022 under sections 341/325/307/34 of the Indian Penal Code. The case was instituted on 11 January 2022, charge-sheet submitted on 31 August 2022, and remained pending for commitment; the accused persons' non-appearance had led to day-to-day adjournments, and copies had already been served under section 207 of the Cr.P.C. Holding the prayer innocuous and justified for the ends of justice considering the long pendency, and invoking jurisdiction under section 483 Cr.P.C. read with section 529 of the BNSS, the Court directed the Magistrate concerned to commit the case record, if he finds the case involves issuing triable offence, preferably within sixty days from the next date of hearing, and if required by splitting the case record in respect of the absconding accused persons, if any. Application disposed of; urgent certified copy permitted on requisite formalities.

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16. CRR 3354 of 2025 01.12.2025 Priyanka Sarkar @ Priyankabala Sarkar Bd.

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Ct. 29 Vs.

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The State of West Bengal

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Mr. Ramdulal Manna Mr. Sayan Mukherjee … for the petitioner.

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This is an application wherein petitioner has prayed for expeditious disposal of G.R. Case No. 263 of 2022 presently pending before learned Chief Judicial Magistrate, Malda, arising out of Kaliachak Police Station Case No. 49 of 2022 dated 12^th January, 2022 under sections 341/325/307/34 of the Indian Penal Code.

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It is submitted on behalf of the petitioner that the case was instituted on 11^th January, 2022 and the charge-sheet was submitted on 31^st August, 2022. Since then the case is pending for commitment. The accused persons failed to appear before the court and for which, adjournments are granted in their favour day after day. Accordingly, he prayed for necessary direction upon the court below for expeditious commitment of the said criminal proceeding as the copy has already been served upon the accused persons under section 207 of the Cr.P.C.

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Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if the present application is allowed in terms of the prayer made by the petitioner the opposite parties will have no cause to prejudice and as such the service of copy of application upon the opposite parties is dispensed with.

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Having heard learned counsel for the petitioner and that the prayer made by the petitioner is justified and requires to be

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allowed for the ends of justice considering the long pendency, invoking this Court’s jurisdiction under section 483 Cr.P.C. read with section 529 of the BNSS the Magistrate concerned is hereby directed to commit the case record, if he finds that the present case involves issuing triable offence preferably within a period of sixty days from the next date of hearing and if required by splitting the case record in respect of the absconding accused persons if any.

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CRR 3354 of 2025 is accordingly disposed of.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

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(Dr. Ajoy Kumar Mukherjee, J.)

Priyanka Sarkar @ Priyanka Bala Sarkar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Priyanka Sarkar @ Priyanka Bala Sarkar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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