Smt. Sarita Tiwari (Nee Mishra) vs The State Of West Bengal
2023 Latest Caselaw 2597 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. 2518 of 2022
                   Smt. Sarita Tiwari (nee Mishra)
                                 Vs.
                     The State of West Bengal

For the petitioner        : Mr. Debasis Kar, Adv.

For the State             : Mr. M.F.A.Begg, Adv.

Heard on                  : 17.04.2023.

Judgment On               : 17.04.2023.

Bibek Chaudhuri, J.

The instant revision is a glaring instance of procrastination of a

criminal case due to the reason best known to the learned Magistrate. In

G.R. Case No.4906 of 2014 charge-sheet was submitted on 30 th November,

2014 under Sections 498A/406/323/325/506/34 of the Indian Penal Code

read with Section 3 /4 of the Dowry Prohibition Act. The case is pending

before the learned Judicial Magistrate, 2nd Court at Barrackpore.

It is submitted by the learned Advocate for the petitioner that there

are only 6 witnesses in the charge-sheet. Charge was framed against the

accused persons in 2014 itself, thereafter, almost 9 years have been

elapsed but the learned Magistrate could not examine even a single witness

till date. Therefore, the de-facto complainant has approached this Court for

a direction upon the Trial Court for expeditious disposal.

The instant revision can be disposed of here and now with the

assistance of the learned Public Prosecutor-in-Charge. Mr.M.F.A.Begg,

learned Advocate is requested to assist this Court on behalf of the State.

I have heard the learned Advocate for the petitioner.

When the de-facto complainant has approached this Court for

expeditious disposal, the learned Magistrate at least can get the opportunity

to examine the de-facto complainant who is interested to proceed with the

case during the period of pendency of the case. This Court fails to

understand as to whether the case is pending for such a long time without

examining even a single witness.

Under such circumstances, the learned Judicial Magistrate, 2 nd Court

at Barrackpore is specifically directed to conclude recording evidence of

charge-sheeted witnesses within six months from the date of this order and

come to a logical conclusion of this case within one month thereafter.

With the above direction, the instant revisional application is disposed

of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.141.

D/L.