JETHON DOSAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner has filed this application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 praying for quashing the proceedings bearing Serampore P.S. FIR 298 and chargesheet no.225 dated 03.09.2003 under Sections 420/409/468/471/34/120(B) of the I.P.C. against the State of West Bengal. THE petitioner along with some other accused persons were chargesheeted for the alleged offence punishable under Sections 420/468/471/34/120(B) of the I.P.C. and on the basis of such chargesheet the concerned Magistrate took cognizance of the offence on 09.09.2003. THE case could not be proceeded because some of the accused persons were absconding. THE petitioner is a service holder and he is going to retire from service soon. At that stage, he filed one revisional application previously before this Honble Court under C.R.R. No.2684 of 2005 praying for early disposal of the said case. Accordingly, the Honble Mr. Justice A. K. Basu passed an order dated 19.09.2005 directing the learned Magistrate to dispose of the criminal case by framing charge after considering the submissions of both the sides at an early date and to dispose of the same within a period of three months from the date of communication of this order. But it is surprising to note that since then the case is still pending. THE reasons for pending are not for the facts that the concerned trial court was making delay in the matter of disposal but for the fact that some of the accused persons are still absconding and the case is waiting for execution of warrant of arrest. This being the position, the learned Magistrate was not in a position to dispose of the same.

(2.) HOWEVER, it is submitted that the accused / petitioner will face difficulty in getting his retiral benefits from this service. Since, there was an earlier direction by this Court in order to give due respect to the said order, the present revisional application is disposed of by passing the following orders:-