Asis Kumar Das & Ors vs The State Of West Bengal & Anr
2023 Latest Caselaw 1176 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. 3344 of 2022
                         Asis Kumar Das & Ors.
                                  Vs.
                    The State of West Bengal & Anr.

For the petitioner       : Mr. Anit Dey, Adv.

For the State            : Mr. Sandip Chakrabarty, Adv.

Heard on                 : 13.02.2023

Judgment On              : 13.02.2023.

Bibek Chaudhuri, J.

The petitioners are at liberty to amend the cause title of the

instant revision.

This is an application for expeditious hearing of a case being

G.R. Case No.5210 of 2018 arising out of Dum Dum Police Station

Case No.768 of 2018 dated 29th August, 2018 under Sections

498A/323/325/406/506 of the Indian Penal Code, presently pending

before the learned Judicial Magistrate, 1st Court at Barrackpore.

It is submitted on behalf of the petitioners that petitioner Nos.1

and 2 are the parents-in-law of the de-facto complainant. Both of

them are senior citizen. Petitioner No.3 is the husband of the de-

facto complainant. In respect of the aforesaid case, police submitted

charge-sheet against the petitioners in the year 2018 itself. The

learned Judicial Magistrate, 1st Court at Barrackpore framed charge

against the petitioners on 3 rd January, 2022. Subsequently, series of

dates were fixed for hearing but the prosecution failed to produce any

witness in order to prove the charge against the petitioners.

Considering the averment 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. Sandip Chakrabarty, is requested to assist this Court as the Public

Prosecutor-in-Charge. Appointment of Mr. Chakrabarty be

regularized in the meantime by the learned Legal Remembrancer,

Government of West Bengal.

It is really unfortunate to note that while charge has been

framed in the year 2020 and more than two years have elapsed from

the date of framing of charge, prosecution failed to produce any

witness in order to prove charge. It is the duty of the Investigating

Officer to produce the witnesses during trial as per the summons

issued by the Trial Court in consultation with the learned Public

Prosecutor.

Having heard the learned Advocates for the petitioners and the

learned Public Prosecutor-in-Charge, this Court is of the opinion that

there is either lack of initiative nay absolutely negligence on the part

of the Investigating Officer or the learned Additional Public Prosecutor

attached to the Court of the learned 1 st Court of the learned Judicial

Magistrate at Barrackpore. Therefore, the instant revision is disposed

of directing the learned Judicial Magistrate, 1st Court at Barrackpore to

fix consecutive dates for examination of the six charge-sheeted

witnesses and specifically direct the learned Public Prosecutor and the

Investigating Officer or the Officer-in-Charge of Dum Dum Police

Station to produce the witnesses on the dates fixed. In any case, the

examination of the witnesses must be concluded within six months

from the date of this order.

With the above direction, the instant revision is disposed of.

Parties are at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.4.

D/L.