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Judgments of Supreme Court of India and High Courts

Rohit Kumar vs Mr. Tapas Ghosh on 2 December, 2019

1

38
02-12-2019

subha
CRR 3378 of 2019

In the matter of : Rohit Kumar
….. Petitioner.

– And –

Mr. Tapas Ghosh
Mr. Tanmoy Chowdhury
….. for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. P.P
Mrs. Sayanti Santra
….for the State.

Affidavit of service filed by the petitioner be kept on

record. None appears for the private opposite party no. 2/de

facto complainant in spite of service of notice. Learned

advocate appears for the State is present.

The petitioner has approached before this court by

filing an application under Section 483 of the Code of

Criminal Procedure praying for expeditious hearing of G. R.

Case No. 258 of 2016 corresponding T. R. Case No. 780 of

2016 arising out Baguihati P. S. Case No. 101 of 2016 dated
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January 29, 2016 under Sectionsections 498A/Section323/Section325 of the

Indian Penal Code.

.Learned advocate appearing for the petitioner

submits before this court that out of 9 witness in the instant

case only 3 witnesses have been examined so far and the last

witness was examined on November 28, 2018 and thereafter

no other witness has been examined by the prosecution.

The learned counsel appearing for the petitioner

also submits that due to the non-examination of the rest of

the prosecution witnesses causing delay in disposing of the of

the criminal proceedings pending against the petitioner and it

causes great hardship to the petitioner.

Having regard the submission made by the learned

counsel appearing for the parties and considering of the

materials on record, the learned Magistrate is requested to

dispose of the criminal proceedings following the provisions as

contained under Section 309 of the Code of Criminal

Procedure pending against the petitioner as early as possible

preferably within a period of six months from the date of

communication of a copy of this order.

Thus, the criminal revisisonal being 3378 of 2019

is disposed of.

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Urgent certified website copies of this order, if

applied for, be made available to the parties upon compliance

with the requisite formalities.

( Madhumati Mitra, J. )

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