REKHA MURARKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 filed by the present petitioner Rekha Murarka, widow of Gyan Prakash Murarka praying for setting aside the order no.70 dated 25th July, 2018 passed by the learned Additional District and Sessions Judge, Fast Track Court, Calcutta in Sessions Case No.43 of 2014 corresponding to GR Case No.86 of 2014 arising out of Bowbazar Police Station Case No.19 of 2014 dated 16th January, 2014 under Sections 302/ 326 of the Indian Penal Code.

(2.) The facts which are necessary to dispose of the present revisional application are as follows:-

(3.) The petitioner before this Court is the widow of deceased Gyan Prakash Murarka. The said husband of the petitioner was alleged to have been brutally murdered with knife by opposite party no.2 and the petitioner was also sustained serious bleeding injuries when she had tried to save her husband. The alleged incident occurred on 16.1.2014. A specific case being Bowbazar Police Station Case No.19 of 2014 dated 16.2.2014 under sections 302/326 of the Indian Penal Code was initiated against the present opposite party no.2. Charge sheet was submitted against the opposite party no.2 for commission of alleged offences under Sections 302/326 of the Indian Penal Code. On 18.12.2015, charge was framed against the accused/opposite party no.2 for commission of alleged offences punishable under Sections 302/326 of the Indian Penal Code. Opposite party no.2 pleaded not guilty and claimed to be tried. Thereafter, learned Trial Judge proceeded to record the evidence of prosecution witnesses. In the meantime, the present petitioner approached before this Court for expeditious trial of the case. On 9.3.2016 in CRR 833 of 2016, the learned Trial Judge was directed to conduct the trial as expeditiously as possible in terms of the provision of Section 309 of the Code of Criminal Procedure and conclude the same as early as possible.