CRR 2530 of 2018
Mrinal Kanti Bose
State of West Bengal anr.
Mr. Souvik Maji,
Mr. Arindam Deb Roy,
…for the petitioner
Mr. Binoy Panda,
Mr. Subham Bhakat,
…for the State.
This revisional application is basically for obtaining a direction to the
expeditious disposal of a pending case. The incident relates to 2015. Police, on
the basis of complaint submitted by the defacto complainant, held investigation
and submitted charge sheet against the accused persons under Sections
498A/406 of the Indian Penal Code. The case arises out of Baguiati Police
Station case no. 1071 dated 13/11/2015.
Learned advocate Mr. Binoy Panda representing the State submits that he
is authorised to ensure defence in the interest of the State of West Bengal.
The petitioner is directed to serve a copy of the revisional application upon
Mr. Panda. On his submission, I entrust Mr. Panda to put up his defence in
this case in the interest of State of West Bengal. The appointment of Mr. Panda
may accordingly, be regularised by passing necessary order.
Learned advocate for the revisionist submits that one of the accused
persons happens to be a septuagenarian, for which conclusion of the trial is
In this case charge against the accused persons has already framed on
27/2/2018 and the trial court is in the midst of recording evidence of
witnesses, cited in the charge sheet. From the charge sheet enclosed with the
case records, it appears that as many as five witnesses are cited in the charge
sheet, out of which two are said to have either examined or in the process of
about to finish the examination of P.W.2.
The basic right of the litigant seeking speedy justice finds place in the
concept of criminal justice delivery system, but this aspect of speedy justice has
to be interpreted in the context of mitigating substances, if there be any. The
trial court appears to have put its best possible efforts to conduct the trial by
examining the witnesses. Since one of the co-accused is submitted to be
septuagenarian, some sort of accommodation may be made by the trial court
subject to its convenience.
According to the learned advocate for the revisionist Mr. Souvik Maji, the
pending case has already been transferred to the file of learned ACJM,
Bidhannagar from the Court of learned Judicial Magistrate, 2nd Court Barasat
under Section 410 of the Code of Criminal Procedure. The direction, as such,
needs to be taken care of relying upon the submission of the learned advocate
for the revisionist.
Learned ACJM, Bidhannagar is directed to dispose of the case as
expeditiously as possible putting his best possible efforts without granting any
unnecessary adjournment, unless it is avoidable and further granting sufficient
opportunity to prosecution.
With this observation and direction, this revisional application stands
disposed of. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the
parties, upon compliance of necessary formalities.
(Subhasis Dasgupta, J.)