Vardhan Singh @ Harsbardhan Singh vs The State Of West Bengal & Anr
2023 Latest Caselaw 2494 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 4393 of 2022


                 Harsh Vardhan Singh @ Major Harsh
                 Vardhan Singh @ Harsbardhan Singh
                               Vs.
                   The State of West Bengal & Anr.


Mr. Apalak Basu
Ms. Pritha Bhaumik
            ..for the petitioner

Mr.Rudradipta Nandy, Ld. APP
Ms. Manisha Sharma
           ..for the State

Item No.107

Heard & Judgment on:           12.04.2023

Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court for

expeditious disposal of S.T. Case No. 1(2) of 2020 corresponding to

S. C. Case No. 259 of 2019 pending before the learned Additional

Sessions Judge, 4th Fast Track Court at Barrackpore. Suffice it to say

that the opposite party No.2 lodged a complaint against the petitioner

alleging commission of offence under Section 376 of the Indian Penal

Code. After investigation police submitted final report on 17 th May,

2018 with the observation that the opposite party No.2 lodged a false

complaint and she should be prosecuted under Section 211 of the

Indian Penal Code for malicious prosecution. The said case was

committed to the Court of Sessions on 16 th August, 2019. Charge was

framed against the opposite party No. 2 on 1 st February, 2020.

Thereafter the learned trial Judge fixed series of dates for production

of witnesses. However, trial could not be produced as the

accused/opposite party No.2 remained absent. On 16 th November,

2021 the accused/opposite party No.2 filed an application stating,

inter alia, that a departmental proceeding is going on against the

present petitioner and till the disposal of the departmental proceeding

the trial of the above mentioned case may be stayed. The said

application is not disposed of as yet.

Under such circumstances, the petitioner being the victim has

approached this Court for a direction upon the trial Court for

expeditious disposal of the above mentioned case.

I have heard the learned advocate for the petitioner.

This Court is of the view that the instant revision can be

disposed of with the assistance of the learned P.P.-in-charge.

Therefore, Mr. Rudradipta Nandy, learned advocate is requested to

assist this Court on behalf of the State.

Appointment of Mr. Nandy be regularized by the learned Public

Prosecutor, High Court, Calcutta.

Having heard the learned advocates for the parties this Court

likes to record that pendency of the departmental proceeding does not

affect the progress of the trial. Criminal trial and the departmental

proceeding over the self-same incident may progress together.

Moreover, in S.T. Case No. 1(2) of 2020 the issue is altogether

different because the opposite party No.2 is the accused before the

trial Court and the petitioner is the delinquent incumbent in the

departmental proceeding. Thus, trial Court should take effective step

for expeditious disposal of the said proceeding pending before it.

In view of the said decision taken by this Court, the learned trial

Judge is directed to take positive step for disposal of S.T. Case No.

1(2) of 2020 at the earliest and preferably within eight months from

the date of communication of this order.

The instant revision is, accordingly, disposed of.

(Bibek Chaudhuri, J.)