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Sri Nandan Laiya & Ors vs Unknown on 8 February, 2019

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C.R.R. 308 of 2019

25 08.02.2019

In the matter of : Sri Nandan Laiya Ors.

SB Ct. No. 40

Mr. Krishnendu Bhattacharyya
Mr. Partha Sarathi Mondal
Mr. Somsuvra Mukherjee
Mr. Sobhan Majumder ….. For the Petitioners

This revisional application is for expeditious disposal of

a trial conducted before the learned Additional Chief Judicial

Magistrate – II at Haldia, Purba Medinipur in connection with

G.R. Case No. 993 of 2009 arising out of Bhabanipur Police

Station Case No. 156 of 2009.

Indubitably the case was initiated in the year 2009.

Police after investigation submitted charge sheet on

27.12.2010 under sections 498A/406/34 of Indian Penal Code

against the accused persons. Charge against the accused

persons were framed on 16.05.2016. The Trial Court is now in

the midst of recording evidence of the witnesses, cited in the

charge sheet. From the order impugned of the Court below, it

appears that 16.08.2019 is the next date fixed for recording of

evidence of charge sheet witness nos. 1 and 2.

It is submitted by the learned counsel appearing on

behalf of the revisionists that accused persons are made to

face undue hardship for the protraction of the trial having

caused in the meantime. True it is that about six years

consumed for framing of charge against the accused persons

after the charge sheet was submitted in this case.

Expeditious disposal is the basic right of accused

persons unless mitigating circumstances are established. In a

situation like this a direction is felt obligatory for expeditious

disposal of this case.

learned Additional Chief Judicial Magistrate – II at

Haldia, Purba Medinipur is directed to conduct the trial as
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expeditiously as possible without granting any unnecessary

adjournment to any of the parties in this case pending before

him in connection with G.R. Case No. 993 of 2009 arising out

of Bhabanipur Police Station Case No. 156 of 2009 dated

11.12.2009 under Sections 498A/406/325/34 of Indian Penal

Code.

With these observations the revisional application, is

thus, disposed of.

(Subhasis Dasgupta, J.)

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