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Smt. Gita Banerjee And Anr vs In Re : An Application Under … on 13 March, 2019

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. )

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