NONIGOPAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 483 of the Code of Criminal Procedure has been filed by the Petitioner praying for an order and direction for disposal of G.R. Case No. 297 of 1991 under Sections 147/447/323/ 379 of the Indian Penal Code pending before the Court of learned Judicial Magistrate, 3rd Court, Contai, as expeditiously as possible, that is within a period of six months from the date of order.

(2.) It is the case of the Petitioners that a complaint was lodged by the complainant, namely, Shambhunath Jana on 11th April, 2009, under Section 156(3) of the Code of Criminal Procedure, 1973, before the learned Chief Judicial Magistrate, Midnapore, alleging thereby that the Petitioners/accused persons and some others forcibly entered into the land of the father of the complainant on 4th March, 1990, and cut down 17 Bamboos, and on 3rd April, 1991, the Petitioners/accused persons forcibly went to the land of the father of the complainant and cut down certain trees valued about Rs. 1,500/-2000/-respectively, and on 4th April, 1991, the Petitioners/accused persons entered into the pond of the complainant and caught fish valued about Rs. 4,000/-, and on 5th April, 1991, the Petitioners/accused persons cut down one neem tree on the land of the father of the complainant and on protest by the complainant they assaulted the complainant by fist, blow and slap, for which he was brought to the hospital, and G.R. Case No. 297 of 1991 under Sections 147/448/323/379 of the Indian Penal Code was initiated thereby. After investigation charge sheet was submitted in the said case by the Investigating Officer on 7th June, 1991. In the year 2002 the Petitioner No. 1 made an application before the court below for expeditious trial, mention of which has been made in the order dated 17th May, 2002, of the learned Court below. Since 1991 the proceeding is going on and the case was fixed for evidence, and till today more than 17 years have been passed but the learned Court below did not take any step to dispose of the case, for which the Petitioners/accused persons have been compelled to move the present application before this Court. The delay in the trial of the said case has caused serious prejudice to the Petitioners/accused persons to their fundamental right and the action on the part of the Respondents are otherwise bad in law and so this application has been made for the ends of justice.

(3.) The opposite party, State of West Bengal has appeared, but has not filed any affidavit-in-opposition.