JUDGEMENT
ASIM KUMAR RAY, J. -
(1.) THIS is an application challenging the order dated 29-7-2004 passed by the
learned Additional District and Sessions Judge, Fast Track Court-1,Sealdah in
Sessions Case No. 84(T)/2002.
(2.) THE background of the revisional application in a nutshell is that on a written complaint dated 31-1-2001 by Mrs. Judola Maser, Manicktola Police Station
registered case No. 26 dated 2-2-2001 under Sections 420/376 of Indian Penal Code
against the petitioner /accused Chandra Sekhar Jaiswal. Investigation of the case
was taken up . On completion of the investigation charge sheet was filed against the
petitioner before the Court of learned Additional Chief Judicial Magistrate , Sealdah.
The learned Magistrate after taking cognizance transferred the case to the Court of
learned Sessions Judge. On receipt of the case on transfer the learned Additional
District and Sessions Judge , Fast Track Court 1, Sealdah framed charge against the
petitioner/accused under Sections 420/376 of Indian Penal Code. Dates were fixed
for recording evidence of the prosecution witnesses. Being aggrieved by the same
this application has been preferred .
None appears to represent either petitioner /accused or the opposite party/State. Perused the record. The record does not have the copy/certified copy of
the order dated 29-7-2004 as an annexure. As back as on 26-8-2004 the predecessor
of this Court passed an order observing that that no certified copy of the order dated
29-7-2004 has been annexed to the petition. The matter was listed subsequently. Department was directed to serve notice upon the parties and to report compliance.
On scrutiny of the record it appears that steps were taken to serve notice upon the
parties but in vain.
(3.) THE order impugned is the order dated 29-7-2004. The record does not speak as to what was the order dated 29-7-2004 as no certified copy of the said order is
annexed to the application. On the contrary, it appears on perusal of the record that
on the basis of a complaint lodged by Mrs. Judola Maser, Manicktola Police Station
case No. 26 dated 2-2-2001 under Sections 420/376 of the Indian Penal Code was
registered against the petitioner/accused Chandra Sekhar Jaiswal. The investigation
of the case was taken up and on completion of the same charge sheet was submitted
before the learned Additional Chief Judicial Magistrate, Sealdah. The matter was
subsequently transferred to the learned Additional District and Sessions Judge, Fast
Track Court-1, Sealdah for disposal. The learned Additional District and Sessions
Judge, FTC-1 on receipt of the record framed charge against the petitioner/accused
Chandra Sekhar Jaiswal and fixed the matter for examination of the prosecution
witnesses. Apparently, I do not find any reason to give this application a longer life,
specially when the petitioner/accused is not taking any interest. It is also not clear
before the Court as to the fate of the sessions case being No. 84(T)/2002
corresponding to GR Case No. 266 of 2001 under Sections 420/376 of the IPC which
was pending before the learned Court of Additional District and Sessions Judge,
FTC-I, Sealdah on the date of filing the revisional application.;
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