Radha Raman Das @ Rrahul Yadav vs The State Of West Bengal & Ors
2023 Latest Caselaw 1238 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 4062 of 2022

                          Radha Raman Das @ Rrahul Yadav
                                   Vs.
                         The State of West Bengal & Ors.


Mr. Prabir Adhya
Mr. Avijit Mukherjee
Ms. Madhumanti Chakraborty
                  .for the petitioner


Item No. 20


Heard & Judgment on:           17.02.2023


Bibek Chaudhuri, J.

The petitioner is the de facto complainant of C.G.R. Case

No. 650 of 2009. In the aforesaid case charge sheet has been

filed against the opposite party Nos. 2 to 5 under Sections

468/471/406/120B of the Indian Penal Code.

It is pointed out by the learned advocate for the petitioner

that in connection with the above mentioned case the opposite

party Nos. 2 and 3 preferred special leave petition (Criminal

No.6688 of 2017). In the said proceeding the Hon'ble Supreme

Court clearly clarified that trial of the case may proceed and the

matter should be decided expeditiously. The said order was

passed on 5th April, 2022. The petitioner duly intimated the said

order to the learned Magistrate by filing an application. The

learned Magistrate without going through the application and the

order of the Hon'ble Supreme Court surprisingly fixed the matter

for hearing. Subsequently, several dates have been fixed for

hearing of the said application. But the order of the Supreme

Court was not complied with. Even charge has not yet been

framed against the opposite parties till date.

Under such backdrop the instant criminal revision is

disposed of directing the learned Judicial Magistrate, 5 th Court at

Alipore to specifically fix the date for consideration of charge

within one month from the date of communication of this order.

Thereafter he shall conclude the trial within ten months taking

recourse to the provision contained in Section 309 of the Code of

Criminal Procedure.

The petitioner is at liberty to act on the server copy of this

order.

The instant revision is, accordingly, disposed of.

(Bibek Chaudhuri, J.)