SOVAN KRISHNA MUKHOPADHYAYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been filed for quashing of the proceeding being NGR Case No.801 of 2013 arising out of P.R. No.166 of 2013 dtd. 20/11/2013 under Sec. 34 and 61 of the Police Act by Officer-in-Charge, Hasnabad Police Station, North 24 Parganas pending in the Court of Learned Judicial Magistrate, 1st Court, Basirhat, North 24 Parganas.

(2.) The case of the petitioners in a nutshell is that the allegation was levelled against them to that effect that on November 19, 2013, the petitioners were creating disturbance to the public peace and tranquillity and also disturbed the traffic near Hasnabad B.D.O. office and as they could not be stopped, the police arrested them under the Police Act and prayed to prosecute them along with others.

(3.) The Learned Magistrate, Basirhat, Norther 24 Parganas after receiving the same, took cognizance and also granted bail on the date i.e 20/11/2013. After long four and half years, the case was transferred to the Court of Learned Judicial Magistrate, 1st Class, 1st Court, Basirhat for disposal and the copy of the P.R had been served upon them. After two years from such transfer, they were examined under Sec. 251 of the Code of Criminal Procedure on 10/3/2020 and date was fixed for evidence on 2/4/2020. It is further case of the petitioners that after a prolong delay of one year and nine months from date, the evidence of P.W.1 could be taken on December 16, 2021 and because of non-appearance of the P.W. 2, an order of issuing Warrant of Arrest against P.W.2 was passed on December 16, 2021 fixing the next date on September 14, 2022 and is still pending.