Shyam Sundar Kedia vs Unknown
2023 Latest Caselaw 4609 Cal

01.08.2023 Serial no. 15 [G.S.D]

CRR 762 of 2023

In the matter of : Shyam Sundar Kedia ... ... Petitioner Mr. Supratim Dhar Mr. Suman De Mr. Dhananjay Nayak

... For the Petitioner Mr. S. G. Mukherjee Mr. Anowar Hossain Ms. Manisha Sharma ... For the State

Learned Advocate for the petitioner is directed to

serve a copy of this revisional application upon Mr. Anowar

Hossain, Learned Advocate, who ordinarily appears on

behalf of the State. His appearance may be regularised by

the concerned authority.

The subject-matter of this revisional application

relates to challenge in respect of continuation of Hare Street

P.S. Case No. 787 of 2013 dated 12.11.2013 wherein

charge-sheet was submitted in the year 2021.

Learned Advocate appearing for the petitioner has

fairly submitted that on 9.6.2023 in CRR 1509 of 2023 in

connection with same case no. being 787 of 2013 dated

12.11.2013, the defacto-complainant/O.P. no.2 preferred a

direction for expeditious disposal of the trial of the case.

Since the case was pending from the year 2013, this

Court directed the Learned Magistrate to expedite the

progress of the trial, particularly, with regard to the urgency

regarding the issue of framing of charges.

I direct that the petitioner before this Court namely,

Shyam Sundar Kedia, be granted liberty to prefer an

application under Section 239 of the Code of Criminal

Procedure before the Learned Magistrate on the next date so

fixed on 10.8.2023 (as has been informed by the Learned

Advocate for the petitioner).

The Learned Magistrate would take into account the

different cases pending, which were the subject-matter of

consideration before this Court, and, if the Learned Court is

of the opinion that such document which have been placed

before the Court are of sterling nature and impeccable

quality, in that case, relying upon the judgment of [Rajiv

Thapar (2013) 3 SCC 330 (Paragraph 30)] the Learned

Magistrate would dispose of the application under Section

239 of the Code of Criminal Procedure in accordance with

law without being influenced by any observation made by

this Court either in the present revisional application or in

the revisional application being CRR 1509 of 2023.

With the aforesaid observation CRR 762 of 2023 is

disposed of.

Pending application, if any, is also disposed of.

Parties to act on a server copy of this order, duly

collected from the official website of the Hon'ble High Court,

Calcutta.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties, subject to compliance

with all requisite formalities.

(Tirthankar Ghosh, J.)