Lokman Sapui vs The State Of West Bengal & Ors
2022 Latest Caselaw 7583 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                         C.R.R. 2052 of 2022
                           Lokman Sapui
                                Vs.
                  The State of West Bengal & Ors..

For the petitioner       : Mr. Mukteswar Maity, Adv.
                           Ms. Manika Sarkar, Adv.

For the State            : Mr. P.K.Datta, APP
                           Mr. Santanu Deb Roy, Adv.

Heard on                 : 16.11.2022

Judgment On              : 16.11.2022.


Bibek Chaudhuri, J.

This is an application for expeditious disposal of G.R. Case

No.1865/ 2016 arising out of Kashipur Police Station Case No. 81 of

2016 dated 6th March, 2016 under Sections 420/406/120B/347/34 of

the Indian Penal Code, pending before the learned Additional Chief

Judicial Magistrate at Baruipur.

It is submitted by the learned Advocate for the petitioner that

in the aforesaid case charge-sheet was submitted in the year 2019.

Charge against the accused person was framed on 31 st October, 2019.

Unfortunately enough, till date though more than 2 years have

elapsed, prosecution has not been able to produce even a single

witness in the Trial Court.

Considering the nature of allegation and the submission made

in the instant revision, this Court is of the view that the instant

revision can be disposed of with the assistance of the learned Public

Prosecutor-in-Charge. Therefore, Mr. P.K.Datta, learned Public

Prosecutor-in-Charge is requested to assist this Court on behalf of the

opposite party No.1.

Having heard the learned Counsel for the parties and on

careful perusal of the entire materials on record, it appears that only

on 21st April, 2022 the case record was transferred to the 2nd Court of

learned Additional Chief Judicial Magistrate at Baruipur for disposal.

The learned Additional Chief Judicial Magistrate received the case

record on 13th May, 2022 and next date was fixed on 20 th June, 2022

for appearance of the accused persons. Subsequent orders have not

been annexed with the instant revision.

Be that as it may, it is not a happy situation where the accused

persons were implicated in the year 2016 and till date they are

loitering in the Court premises without any effective trial. It is

submitted by the learned Advocate for the petitioner that there are

only 4 witnesses to be examined during trial by the learned

Magistrate.

Under such circumstances, the instant revision is disposed of

with the expectation that the learned Magistrate shall take all

endeavour to commence trial of the case within one month from the

date of communication of this order and conclude examination of

charge-sheeted witnesses within 3 months thereafter.

It is also directed that the learned Magistrate shall come to the

logical conclusion of the case (G.R. No.1865 of 2016) within one

month after examination of the witnesses, examination of the accused

under Section 313 of the Code of Criminal Procedure and examination

of Defence Witnesses, if any.

The petitioner shall act on the server copy of the order.

Urgent photostat certified copy of this order, if applied for, be

supplied to the party subject to compliance with all requisite

formalities.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.38.