SUPRATIK GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner preferred this revisional application under sec. 482 of the code of Criminal Procedure being aggrieved and dissatisfied with order dtd. 16/11/2019 passed by the Learned Judicial Magistrate 2nd Court at Alipore in Case No. C/ 4108 of 2011 under sec. 420/ 120 B of the Indian Penal Code, filed against Opposite Party no. 2 and others, whereby Learned Magistrate has discharged the accused persons under sec. 245 (2) of Cr. P.C. due to absence of the complainant on the date fixed for evidence.

(2.) Learned Advocate for the petitioner submitted that the petitioner filed a complaint case before the Learned Chief Judicial Magistrate, Alipore which was registered as Case No. C/ 4108 of 2011 and transferred to the 2nd Court of Learned Judicial Magistrate at Alipore for disposal. The petitioner wanted to produce some documents as evidence which were seized from him by police in connection with Tollygunge P.S Case No. 52 of 2011 but were not returned. In this connection Writ petition no. 31667 (w) of 2013 was filed by the petitioner and by order dtd. 26/6/2018 this court permitted the petitioner to produce certified copies of those documents in the evidence. Subsequently, the petitioner filed a Criminal Revision No. 3 of 2019 before this Court for quick disposal of the complaint case. By order dtd. 05/03/2019 this court directed Learned Magistrate to dispose of the pending case as early as possible.

(3.) Further case of the petitioner/complainant is that the complaint case was fixed on 15/06/2019 for evidence, which was three months after the early date. Learned Advocate for the petitioner filed an application before the Learned Magistrate for preponing the date for hearing but the application was rejected.