Citation : 2023 Latest Caselaw 2460 Cal
Judgement Date : 11 April, 2023
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 2658 of 2022
Harasit Mondal
Vs.
The State of West Bengal & Anr.
Mr. Malay Bhattacharya
Mr. Subhrayjoti Ghosh
..for the petitioner
Ms. Pushpita Saha
..for the State
Item No.87.
Heard & Judgment on: 11.04.2023
Bibek Chaudhuri, J.
This is an application for a direction upon the trial Court for
expeditious disposal of G.R. Case No. 45 of 2014 arising out of
Nabadwip Police Station Case No.44 of 2014 dated 24 th January, 2014
under Sections 420/406/120B/34 of the Indian Penal Code.
This Court is of the view that the instant revision can be
disposed of here and now with the assistance of the learned P.P.-in-
charge.
Accordingly, Ms. Pushpita Saha, learned advocate is requested
to assist this Court on behalf of the prosecution.
Appointment of Ms. Saha be regularized by the learned Legal
Remembrancer, Government of West Bengal.
It is submitted by the learned advocate for the petitioner that
though the case was instituted in the year 2014 against nine accused
persons, as on this date four accused persons surrendered before the
trial Court and warrant of arrest is pending for the rest five accused
persons. Due to the pendency of the warrant of arrest, trial of the
case cannot be proceeded. Due to non-appearance of other accused
persons the petitioners are suffering.
I have considered the submission made by the learned advocate
for the petitioner. Since the present petitioners along with other
accused persons are on bail and I am told that they are regularly
present in Court, the learned Judicial Magistrate, Nabadwip is at
liberty to split up the record after exhausting the process against the
remaining five accused persons. After splitting up of record, the
learned Judicial Magistrate shall proceed with the trial of the present
case against the accused persons who are on bail and take all
endeavour to dispose of the case expeditiously.
With the above order, the instant revision is disposed of.
The petitioner is at liberty to act on the server copy of the
order.
(Bibek Chaudhuri, J.)
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