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Calcutta High Court (Appellete Side)

1011/2014 on 3 September, 2014

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

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03.9.2014

C.R.R. No. 1011 of 2014 Re: An application under Section 483 of the Code of Criminal Procedure affirmed on 24.3.2014.

In re : Jagannath Pal .... Petitioner.

Mr. Shibaji Kumar Das, Ms. Tamima Nasrin ... For the petitioner.

Mr. Kallol Mondal, Mr. Krishan Ray, Ms. Amrita Chel ... For the de facto complainant.

After conclusion of investigation of Titagarh Police Station Case No.286/2013, the police submitted charge sheet against the three accused persons under Sections 498A/406/323/506/34 I.P.C. and sought for discharge of the remaining seven. The aforesaid case gave rise to G.R.Case No.5252/2013 is now pending before the learned Judicial Magistrate, 4th Court, Barrackpore.

Now, this application has been moved by one of the accused persons seeking a direction for expeditious conclusion of the trial. It is submitted that the FIR was registered on 7th May, 2013 and charge sheet has been submitted on 3rd October, 2013 but till date, there has been no further progress in the matter.

On the other hand, the learned Counsel appearing on behalf of the de facto complainant submitted that being aggrieved by the submission of final report against the seven F.I.R. named accused persons, the de facto complainant has filed an application for further investigation but the same is still pending. Thus, if the trial of the petitioner is started, then in that case, the application of the de facto complainant for further investigation shall become infructuous and it is therefore necessary that such application to be disposed of first.

Having considered the respective submissions of the counsels of the parties, I dispose of this application directing the learned Magistrate to take a final decision against the application under Section 173 (8) Cr.P.C. filed from the side of the de facto complainant within four weeks from the date of communication of this order in accordance with law. It is further directed that immediately after disposal of the said application, if not there is an order for further investigation and finally charge is framed against the accused, the trial to be commenced at once and all endeavours must be made to conclude the trial within ten months from the date of its commencement. The learned Magistrate shall proceed with the trial strictly in terms of the provision of Section 309 Cr.P.C.

Urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.

( Ashim Kumar Roy, J. ) 3