Court No. C.R.R. 2548 of 2019
In the matter of :- Moumita Sarkar (Mullick)
Mr. Biswarup Biswas
Mr. Gora Chand Samanta
…..for the petitioner
Mr. Imran Ali
…for the State
Although this is an application challenging an order dated
5.3.2019 passed by the learned Additional Chief Judicial Magistrate,
Bongaon, North 24 Parganas in G.R. Case No. 1358 of 2009, the
learned counsel appearing on behalf of the petitioner submits that the
petitioner is only praying for an expeditious disposal of the
Let a copy of the application be served upon Mr. Imran Ali,
learned Advocate, who is present in Court today and who ordinarily
appears on behalf of the State. His engagement may be regularised by
the competent authority of the State in due course.
Learned counsel appearing on behalf of the petitioner submits
as follows. The petitioner is the defacto-complainant in the present
proceeding under Sectionsections 406 and Section498A of the Indian Penal Code. In
the present case, the First Information Report lodged and even
charge-sheet was filed as far back as in the year 2009. In spite of the
same, till date the proceeding has not been concluded. The accused
are trying to avoid the Court by remaining absent. Although warrant
of arrest has been issued against the accused, long dates are being
fixed in the impugned proceeding. For instance, on 5.3.2019 the next
date was fixed as 5.3.2020 for execution return of the warrant of
I have heard the submissions on behalf of the petitioner and
the State and have perused the revision petition.
I do not think any prejudice would be caused to anyone if an
order is passed directing an expeditious disposal of the case.
In view of the above and in the interest of justice, I direct the
learned court below to conclude the proceedings as expeditiously as
possible without granting any unnecessary adjournment to any of the
parties, preferably within one year from the next date of hearing.
The learned court below shall be at liberty to exercise all
coercive measures to ensure the attendance of witnesses. The learned
trial court shall prepone the next date of hearing to an earlier date
and proceed with the matter.
With these observations, the revisional application is disposed
Urgent photostat certified copy of this order may be supplied
to the parties expeditiously, if applied for.
(Jay Sengupta, J.)