CHANDRA SEKHAR JAISWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application challenging the order dated 29-7-2004 passed by the learned Additional District and Sessions Judge, Fast Track Court-1,Sealdah in Sessions Case No. 84(T)/2002.

(2.) THE background of the revisional application in a nutshell is that on a written complaint dated 31-1-2001 by Mrs. Judola Maser, Manicktola Police Station registered case No. 26 dated 2-2-2001 under Sections 420/376 of Indian Penal Code against the petitioner /accused Chandra Sekhar Jaiswal. Investigation of the case was taken up . On completion of the investigation charge sheet was filed against the petitioner before the Court of learned Additional Chief Judicial Magistrate , Sealdah. The learned Magistrate after taking cognizance transferred the case to the Court of learned Sessions Judge. On receipt of the case on transfer the learned Additional District and Sessions Judge , Fast Track Court ­1, Sealdah framed charge against the petitioner/accused under Sections 420/376 of Indian Penal Code. Dates were fixed for recording evidence of the prosecution witnesses. Being aggrieved by the same this application has been preferred .

(3.) THE order impugned is the order dated 29-7-2004. The record does not speak as to what was the order dated 29-7-2004 as no certified copy of the said order is annexed to the application. On the contrary, it appears on perusal of the record that on the basis of a complaint lodged by Mrs. Judola Maser, Manicktola Police Station case No. 26 dated 2-2-2001 under Sections 420/376 of the Indian Penal Code was registered against the petitioner/accused Chandra Sekhar Jaiswal. The investigation of the case was taken up and on completion of the same charge sheet was submitted before the learned Additional Chief Judicial Magistrate, Sealdah. The matter was subsequently transferred to the learned Additional District and Sessions Judge, Fast Track Court-1, Sealdah for disposal. The learned Additional District and Sessions Judge, FTC-1 on receipt of the record framed charge against the petitioner/accused Chandra Sekhar Jaiswal and fixed the matter for examination of the prosecution witnesses. Apparently, I do not find any reason to give this application a longer life, specially when the petitioner/accused is not taking any interest. It is also not clear before the Court as to the fate of the sessions case being No. 84(T)/2002 corresponding to GR Case No. 266 of 2001 under Sections 420/376 of the IPC which was pending before the learned Court of Additional District and Sessions Judge, FTC-I, Sealdah on the date of filing the revisional application.