Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 32600 (CAL)

NABENDU SEKHAR BERA v. ABUSOHEL SHAH

CRR/3244/2026 · 2026-08-20

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.8.2026 16 sb CRR 3244 of 2026 Sri Nabendu Sekhar Bera Vs. Abusohel Shah Mr. Indranil Halder …for the Petitioner In this application, the petitioner herein has prayed for a direction upon the court below for expeditious disposal of the C.R. case no. 89 of 2018, presently pending before the learned Additional Chief Judicial Magistrate, Contai. Being aggrieved by the inordinate delay caused in disposal of the said prayer, learned counsel for the petitioner submits that he initiated the proceeding before the Trial court on 27th March, 2018. Thereafter, being aggrieved by the impugned proceeding, the opposite party herein preferred a revisional application before this High Court and initially he obtained a stay order, which was in force till 28th February, 2025. Thereafter, no prayer for extension of stay order was granted and by an order dated 20th June, 2025, the matter had gone out of the list. In such circumstances, there is no impediment for the Trial court to proceed with the trial but the court below is fixing dates one after another on the ground that the revisional application is pending before the High Court. In such circumstances, he prays for necessary direction upon the court below to proceed with the trial. 2 Having heard learned counsel for the petitioner, it appears that in the absence of any stay order, there is no impediment for the Trial court to proceed with the trial of the said proceeding. In such view of the matter, CRR 3244 of 2026 is hereby disposed of with a direction upon the court below to proceed with the trial in the absence of any stay order granted by this High Court and in that event he will make his best endeavour to conclude the entire proceeding preferably within a period of six months from the next date of hearing. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)