1
76
13-03-2019
s. d.
CRR No. 3497 of 2017
In the matter of : Smt. Gita Banerjee and anr.
….. Petitioners.
– And –
–
In re : An application under Section 482 read with Section
401 of the Code of Criminal Procedure.
Mr. Abhra Mukherjee
Ms. Debjani Sahu
…for the State.
None appears for the petitioners when the matter
is called on. However, learned advocate for the State is
present.
By an order dated 6th July, 2017, the learned
Sessions Judge, Purulia was pleased to dismiss the Criminal
Misc. Case No. 906 of 2014. The main grievance of the
petitioners before this Court is that the Learned Sessions
Court did not consider the points agitated by them which
relates to issue of threatening at the instance of the
complainant for attending court at Purulia.
2
From the records of the case, it is seen that the G.
R. Case is of the year 2012, the Sessions Case is of the year
2013. The transfer application was preferred in the year 2014
and the same was challenged before this Court in the year
2017.
This is a case under Sections 498A/302/304B/34
of the Indian Penal Code, the offence occurred on 11.05.2012,
almost seven years have passed since the date of the alleged
commission of offence. Nothing is brought on record to show
or substantiate the contentions in paragraph 4 of the
application that the informants have threatened the accused
persons.
Having considered the contentions advanced in this
revisional application and the materials on record, it would
not be unwise to hold that the accused persons have invoked
the provisions of Section 408 Cr. P. C before the Learned
Sessions Judge and subsequently challenged the same before
this Hon’ble Court for adopting dilatory tactics. In fact, the
conduct itself reflects that the accused persons intended to
frustrate the smooth functioning of the Sessions Court/Trial
Court.
The revisional application being CRR 3497 of 2017
is, therefore, dismissed.
3
The learned trial court is directed to proceed with
the trial and take the same to its logical conclusion as
expeditiously as possible.
The prosecution is directed to make all endeavour
for producing witnesses on the date so fixed by the learned
trial court. It is further directed that no unnecessary
adjournments should be granted to either of the parties.
With the aforesaid observation, CRR 3497 of 2017
is dismissed and disposed of.
Certified copy of this order be immediately made
available to the parties subject to compliance with all
requisite formalities.
( Tirthankar Ghosh, J. )