Baidyanath Saha And Another vs The State Of West Bengal
2023 Latest Caselaw 666 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri

                              CRR 4052 of 2022

                           Baidyanath Saha and Another
                                       Vs.
                            The State of West Bengal


      Mr. Tapas Kumar Ghose
      Mr. Tanmoy Chowdhury
                 ..for the petitioners

      Md. Anwar Hossain
      Ms. Sujata Das
                 ...for the State


Item No. 17


Heard & Judgment on:          20.01.2023


Bibek Chaudhuri, J.

This is an application for a direction upon the Lower Court

for expeditious disposal of a case being G.R. No.1125 of 2008

arising out of Mogra P. S. Case No.139 of 2008 under Sections

399/402 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the

Investigating Officer filed charge sheet on 30 th March, 2009

against eight accused persons under Sections 399/402 of the

Indian Penal Code. Till date the said case could not be

committed to the Court of Sessions on the ground that the order

of proclamation has not been executed by the police authority

against two absconding persons namely Raja Ansari and Akbar

Ali alias Bambaiya. It is also ascertained from the submissions

made by the learned advocate for the petitioners that another

accused Ajit Gayan had expired in the meantime. Five accused

persons on bail are coming to the Court of the learned Chief

Judicial Magistrate regularly. However, as the case was not

committed, trial of the case could not be commenced.

Under such factual backdrop, the instant revision is

disposed of directing the learned Chief Judicial Magistrate,

Hooghly at Chinsurah to split up the record as against the

accused persons against whom execution of proclamation is

pending. He is further directed to commit the record as against

the present petitioners and other accused persons who are on

bail and appearing before the Court regularly. The learned Chief

Judicial Magistrate is directed to pass necessary order complying

with the direction made herinabove within three weeks from the

date of communication of this order.

The instant revision is accordingly disposed of.

(Bibek Chaudhuri, J.)