Arindam Maitra vs Smt.Chumki Maitra
2022 Latest Caselaw 3521 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                       C.R.R. 2000 of 2022

                            Arindam Maitra
                                  Vs.
                           Smt.Chumki Maitra

For the petitioner     :    Mr. Avik Ghatak, Adv.
                            Mr. Fahad Imam, Adv.

For the State          :    Ms. Faria Hossain, Adv.
                            Mr. Anand Keshari, Adv.

Heard on               : 24.06.2022

Judgment On            : 24.06.2022.

Bibek Chaudhuri, J.

Considering the prayer made by the petitioner and on perusal

of the materials on record, this Court is of the view that the instant

criminal revision can be disposed of without the requirement of

service of notice. On the basis of a complaint made by the opposite

party No.2, a case under Sections 498A/406/34 of the Indian Penal

Code was registered in Muchipara Police Station vide FIR No.110

dated 14th March, 2013. Subsequently charge-sheet was filed on 30 th

August, 2013. The case was then transferred to the Court of the

learned Additional Chief Metropolitan Magistrate-I, Calcutta for trial

and disposal. In the charge-sheet there are in all 8 witnesses.

Charge was framed against the accused on 23 rd April, 2018.

Subsequently during this four years, the learned Trial Court could not

even conclude the cross-examination of P.W.1.

This is an unfortunate state of affair for blatant denial of

fundamental right of life and liberty of the petitioner and the Trial

Court cannot avoid its responsibility in denial of fundamental right of

an accused.

[

Under such circumstances, the learned Magistrate is directed to

conclude the hearing of this case and deliver judgment positively

within six months from the date of communication of this order,

failing which this Court is compelled to initiate suo moto proceeding

under Article 226 of the Constitution against the learned Additional

Chief Metropolitan Magistrate-I, Calcutta being a state functionary for

denial of the most valuable fundamental right of the petitioner.

The petitioner is at liberty to communicate server copy of this

order to the learned Court below and the Court shall act on the server

copy of the order, if required, the Court shall prepone the date of trial

after giving notice to the parties through the Officer-in-Charge of the

Muchipara Police Station. No notice is required to be served upon the

accused/petitioner as he is before this Court through his learned

Advocate.

(Bibek Chaudhuri, J.)