Calcutta High Court (Appellete Side)
An Application Under Sections 397/482 vs Unknown on 28 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 AD 30 28-02-2020
s. d.
ct, no.34 CRR 637 of 2020
In Re : Bijay Saha
......petitioner.
In the matter of : An application under Sections 397/482 read with Section 401 of the Code of Criminal Procedure.
Mr. Dipankar Aditya ..... for the Petitioner.
The present revisional application has been preferred in respect of Serampore P. S Case No. 16/2016 dated 12th January, 2016 (G. R. Case No. 99 of 2016 ) pending before the learned Judicial Magistrate, 3rd Court, Serampore, Hooghly.
Mr. Dipankar Aditya, learned advocate appearing for the petitioner submits that although there has been an outcome regarding the issue which is the subject matter of dispute, yet for reasons best known, the criminal case is pending and the witnesses are not being regularly examined by the prosecution.
2The learned advocate for the petitioner draws the attention of this Court to the Ordersheet which reflects that there are nine witnesses on whom the prosecution has relied upon to prove its case.
The last of the date on which the prosecution witness was present is 7th March, 2019 but he was released without examination.
In view of the family arrangement, which according to the learned advocate for the petitioner has been arrived at during the pendency of the criminal proceeding, the delayed progress of the case, would jeopardise the relationship amongst the family members.
I find from the charge-sheet that a large number of witnesses happen to be of the same family. Further, the proceedings are pending since the year 2016.
In view of the aforesaid, I direct that the learned Judicial Magistrate, 3rd Court, Serampore, Hooghly would fix a schedule consisting of at least five dates at a stretch on each and every month and compel the prosecution to summon the witnesses on the dates so fixed.
The learned trial court should take efforts for concluding the examination of the prosecution witnesses within a period of six months from the date of the 3 communication of a copy of this order. Till such time, the evidence is concluded the learned trial court should fix schedule on each and every month and take all efforts for taking the trial to its logical conclusion.
With the aforesaid observations, the revisional application being CRR 637 of 2020 is disposed of.
Department is directed to communicate this order to the Learned Judicial Magistrate, 3rd Court, Serampore, Hooogly.
Urgent Photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
( Tirthankar Ghosh, J. )