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2008 DIGILAW 205 (CAL)

Ramesh Chandra Mishra v. Prakash H. Mahatani

2008-02-18

ARUNABHA BASU

body2008
Judgment :- (1.) HEARD learned Advocate appearing for the petitioner and the learned advocate appearing for the opposite party. (2.) SUPPLEMENTARY affidavit filed and the same be kept on record. (3.) AFTER hearing the submissions made by the learned Advocate appearing for the petitioner and the learned Advocate appearing for the opposite party, this revisional application filed under section 407 read with section 482 of the Code of Criminal Procedure may be disposed of with direction that all twelve cases as mentioned at page two, para 3 of the supplementary affidavit may be tried before the same Court so that the parties can participate properly in the trial in connection with all the twelve cases. (4.) IT appears from the list submitted by the petitioner that out of twelve cases, four cases namely 1) 232/c of 2005, 2) 434/c of 2005, 3) 689/c of 2005 and 4) 1089/c of 2005 are now pending before the Court of the learned judicial Magistrate, 7th Court, Howrah. This being the position, it is directed that the other cases now pending before the Court of the Metropolitan magistrate at Calcutta, before the Court of the Judicial Magistrate at Alipore and before the Court of the Judicial Magistrate including the ACJM, Sealdah be withdrawn and transfer to the Court of the learned Judicial Magistrate, 7th Court, Howrah. It is directed that the following records: (a) (i) C-2992 of 2005 pending before the Court of the 3rd M. M. , Calcutta. ii) C-4294 of 2005 now pending before the 13th M. M. , Calcutta be withdrawn and transfer to the Judicial Magistrate, 7th Court at Howrah. The concerned officers are directed to take appropriate action for sending those records to the Court of the learned Judicial Magistrate, 7th Court, howrah as urgently as possible. (b) (i) Case No. C/4753 (A) of 2004 now pending before the Court of the judicial Magistrate, 7th Court at Alipore. ii) C2287 of 2005 now pending before the Court of the Judicial Magistrate, 9th Court at Alipore. iii) C-3189/2005 now pending before the Court of the Judicial Magistrate, 9th Court at Alipore. (b) (i) Case No. C/4753 (A) of 2004 now pending before the Court of the judicial Magistrate, 7th Court at Alipore. ii) C2287 of 2005 now pending before the Court of the Judicial Magistrate, 9th Court at Alipore. iii) C-3189/2005 now pending before the Court of the Judicial Magistrate, 9th Court at Alipore. iv) C-3784 of 2005 now pending before the Court of the Judicial Magistrate, 9th Court at Alipore be withdrawn and transfer to the Court of the Judicial magistrate, 7th Court at Howrah, the concerned officers are directed to take appropriate steps for sending those records as mentioned above from their respective Court to the Court of the Judicial Magistrate, 7th court, Howrah as urgently as possible. (cxi) C-292 of 2005 now pending before the Court of the ACJM, Sealdah. ii) C-339 of 2005 now pending before the Court of the Judicial Magistrate, 2nd Court, Sealdah be withdrawn and transfer to the file of the learned judicial Magistrate, 7th Court, Howrah. The concerned officers are directed to take appropriate steps to send those records to the file of the learned Judicial Magistrate, 7th Court, Howrah as urgently as possible. (5.) NEEDLESS to add the learned 7th Court, Howrah shall take appropriate steps to conduct trial in accordance with law as expeditiously as possible as the cases are long pending. (6.) THE application is disposed of with a direction as mentioned above. (7.) THERE shall be no order as to costs. (8.) CRIMINAL Section is directed to supply the certified copy of this order to the learned Advocate for the parties within two days. (9.) AS prayed for by the learned Advocate for the petitioner, let copies of the order be send to the respective Courts at Howrah, Sealdah, Alipore and metroplitan Magistrate, Calcutta by special messengers at the cost of the petitioner and such costs shall be deposited within two days. Appeal disposed of.