BANDANA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dated 10.11.2020 passed by the learned Judicial Magistrate, 2nd Court, Asansol, Paschim Bardhaman in G.R. Case No. 396 of 1986 under Section 498A of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, thereby fixing on 14.12.2020 as a date for argument as the prosecution did not take any step.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. By an order dated 19.03.2008 passed in CRR 394 of 2005, this Court directed the learned trial Court to examine CSW 5, the doctor who had treated the victim lady. Although this order was communicated to the learned trial Court, as would be reflected from the order dated 25.06.2008 and subsequently, from the order dated 12.01.2018, the learned trial Court did not take any step to examine the said witness. It is also true that the records of the case were lying before this Court and was sent back only in 2018. The accused was brought by issuing a warrant of arrest. However, the earlier order passed by this Court was not complied with.

(3.) Learned counsel appearing on behalf of the opposite parties submits as follows. After the earlier revisional application was filed in 2005, the same was notified to the learned trial Court at a later stage. In the meantime, the learned trial Court had proceeded to examine the accused under Section 313 of the Code. If at all, a direction is passed to have CSW 5 examined, then the learned trial Court may be directed to continue the proceeding from the stage of examination of the accused.