an Court No. 34
CRR 594 of 2015
(Arabinda Dutta ors. vs. State of W.B. anr.)
Mr. Bharat Ch. Simai
…………. for the Petitioner
the Code of Criminal Procedure. The petitioner has sought for quashing of the
According to the petitioner, the concerned FIR was lodged after two days
from the alleged date of incident, and there was a story of torture, demand of dowry
etc. After a full-fledged investigation, the Police submitted chargesheet under
accused persons were put on trial. In the mean time, one of the accused, Sitala
Sundari Devi died and the learned trial court wanted to obtain the death report of
the same but neither the I.O. nor the present petitioner furnished death certificate
of the said Sitala Sundari Devi.
It further appears from the order sheets of the learned trial court that in
many occasions, the defacto-complainant, Shampa Datta did not turn up at the
stage of recording of evidence. Under a compelling circumstance, the learned trial
court has issued witness warrant of arrest against the said witness but that was
proved abortive. Naturally, the case is pending due to the absence of the defacto-
Considering the above, I hold that this revisional application is liable to
be disposed of by directing the learned trial court to ensure the attendance of the
defacto-complainant, Shampa Datta before that court and the S.P., Bankura shall
be directed to execute that W.W.A. in respect of Shampa Datta personally or by any
authorized Officer and in so doing, the learned Magistrate shall forward the copy of
this order for information and necessary action to the S.P., Bankura accordingly.
Thereafter, the learned trial court shall fix consecutive three dates for adducing
further evidence and the concerned Officer-in-Charge shall be directed to produce
the witnesses on those dates, to be fixed by the learned trial court positively, failing
which appropriate steps and action shall be taken by the learned Magistrate for
flouting the decisions of the Hon’ble Apex Court.
Hence, in view of the above directions, this revisional application stands
Urgent certified photostat copy of this order, if applied for, shall be given
to the parties as expeditiously as possible on compliance of all necessary formalities.
(Siddhartha Chattopadhyay, J.)