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2026 DAILYLAW 35008 (CAL)

TAJIBAR MUNSHI v. STATE OF WEST BENGAL AND ORS.

CRR/1265/2024 · 2026-08-12

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.08.2026 Sl.No. 40 Ct. 39 Amalranjan In The High Court At Calcutta Criminal Revisional Jurisdiction Appellate Side CRR 1265 of 2024 Tajibar Munshi Vs. The State of West Bengal & Ors. Mr. Anisur Rahman Ms. Sagnika Banerjee………..for the petitioner 1. Considering the pendency and nature of prayer as well as on perusal of the materials available on record, this court proposes to dispose of the case on merit. 2. This is an application filed under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973 seeking expeditious trial relating to the Nowda Police Station case vide FIR no. 173/2023 dated 25.05.2023 under Sections 325/326/302/34 of the Indian Penal Code, 1860 being GR No. 2338/2023 pending before the learned Chief Judicial Magistrate, Murshidabad, Berhampore. 3. The brief facts of the case are that the petitioner/defacto-complainant made a complaint before the Nowda Police Station alleging that on 25th May, 2023 at 17.00 hrs, a dispute has arisen between the parties over the issue of a road construction and the opposite parties had attacked the complainant’s brother and few others with iron rod and sharp cutting weapon. As a 2 result, 5-6 persons sustained injury and were taken to MMC&H, where Manirul Munshi, one of the victims died. On the basis of written complaint, the above referred case was started under Sections 325/326/302/34 of the Indian Penal Code. 4. After culmination of the investigation, chargesheet was submitted being no. 230/2023 dated 22.08.2023 under Sections 325/326/302/34 of the Indian Penal Code and, thereafter, the Learned Chief Judicial Magistrate, Murshidabad took cognizance vide order dated 24.08.2023 against the accused persons. However, due to ascendance of the many accused persons, the matter could not be proceeded and warrant of arrest as well as proclamation was issued. Due to such reason, the proceeding has been stalled. 5. The prayer of the petitioner for expeditious trial is innocuous. If the direction for expeditious disposal is passed by this court, none of the parties will be prejudiced. 6. Considering the above facts, the present revisional application is disposed of with a direction to the learned Chief Judicial Magistrate to expedite the case and take appropriate steps to proceed with the case in accordance with law as expeditiously as possible so that the matter can be proceeded with and come to a logical conclusion. 7. It is further directed that if the case has not been committed due to non-execution of WPA then the 3 learned Magistrate shall split the case of accused persons, who are appearing and commit the case for trial. 8. With the above observations, CRR 1265 of 2024 is, thus, disposed of. 9. Consequently, the connected application, if any, is also disposed of. 10. Interim order, if any, stands vacated. 11. Let the order be communicated to the Ld. Court below for information and compliance. 12. All parties shall act in terms of the copy of this order duly downloaded from the official website of this court. 13. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities. ( Ajay Kumar Gupta, J. )