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24.04.2026 Item no. 39 Court No.5. (Samar) (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction
CRR 153 of 2026
In the matter of : Amit Dutta
……Petitioner. Mr. Kunaljit Bhattachajee,
Mr. Alok Sah,
Ms. Rajashree Mukherjee,
……for the Petitioner. Mr. Nilay Chakraborty,
Mr. Tapan Bhattacharjee, ……for the State. The instant revisional application has been presented seeking a direction upon the learned Court below to expeditiously dispose of G.R. Case No. 4809 of 2019, arising out of New Jalpaiguri Police Station Case No. 1030 of 2019 dated November 15, 2019 under Sections 427/379/413/506 of the Indian Penal Code, presently pending before the Court of the learned Chief Judicial Magistrate, Jalpaiguri. I find that Mr. Chakraborty, learned APP, who usually appears on behalf of the State, is present in Court. I requested Mr. Chakraborty to appear in this matter along with a junior of his choice. Mr. Chakraborty submits that he will appear in this matter along with Mr. Bhattacharjee, learned advocate. He further submits that, if a direction for expeditious disposal of the case is issued, the State has no objection. Ms. Mukherjee, learned advocate appearing for the petitioner, submits that, on the basis of a complaint alleging that the accused
2 persons had illegally entered the tea garden of the complainant, taken away approximately five thousand kilograms of tea leaves, and committed the offence of mischief, the case was initiated in 2019 by treating the said complaint as an FIR. She submits that a charge-sheet was filed on January 5, 2020. She further submits that it would appear from the records that, due to non-cooperation on the part of the accused persons, the proceedings could not be concluded. She, therefore, prays for a direction for expeditious disposal of the proceedings Having heard the learned advocate appearing for the petitioner and upon perusing the materials on record, I am of the view that no useful purpose would be served in keeping this revisional application pending; accordingly, the same is taken up for disposal. It appears from the records that, treating a complaint filed by the petitioner as an FIR, New Jalpaiguri Police Station Case No. 1030 of 2019 under Sections 427/379/413/506 of the Indian Penal Code was registered on November 15, 2019.
Upon completion of the investigation, a charge- sheet, being No. 05 of 2020 dated January 15, 2020, was submitted; however, it is the petitioner’s contention that the charge-sheet was submitted on April 11, 2020. It further appears that the learned Chief Judicial Magistrate, Jalpaiguri, retained the case in his personal file for trial. However, despite the lapse of almost six years, there has been no substantial progress in the proceedings. Most of the accused persons have either remained absent or sought adjournments, and, in due course, warrants of arrest have also been issued against them. However, it is not clear as to whether the said warrants of arrest have been executed or not. 3 Noting the aforesaid facts and further considering that the case has been awaiting disposal since 2020, that is, for almost six years without any substantial progress, I do not find any impediment in accepting the prayer of the petitioner. Accordingly, CRR 153 of 2026 is allowed The learned Chief Judicial Magistrate, Jalpaiguri, is directed to make a sincere effort to dispose of G.R. Case No. 4809 of 2019 as expeditiously as possible, preferably within a period of one year from the next date of hearing. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Partha Sarathi Chatterjee, J.)