BHAGGYADHAR MONDAL Vs. STATE

JUDGEMENT

(1.) The challenge in this revisional application is to the judgment dated 24.3.2008 passed by the learned Judicial Magistrate, 3rd Court, Contai whereby acquitting the opposite parties No.2 to 10 in connection with Khejuri Police Station Case No.3 dated 8.12.1988 under Sections 468/471/120B of the I.P.C.

(2.) The petitioner herein lodged one petition of complaint in the Court of the learned Magistrate which was referred to the concerned Police Station under Section 156 (3) of the Code of Criminal Procedure. The matter was investigated into and ultimately, the Khejuri Police Station filed one charge sheet against the opposite parties No.2 to 10 under Sections 468/471/120B of the I.P.C. The case was initiated in September, 1988. The charge sheet was filed on 19.11.1993. Charge under Sections 465/468/471/120B of the I.P.C. was framed against the opposite parties No.2 to 10 on 17.11.1995 and the trial commenced. The learned Magistrate issued summons upon the witness Nos.1 and 2 and upon conclusion of their evidence directed to issue summons upon the witness Nos.3 to 10.

(3.) Attendance of witnesses could not be procured for quite a long time and the learned Magistrate on 10.1.2000 directed to issue summons upon the witness Nos.3 to 7. On 30.9.2000, learned Magistrate closed the prosecution case in view of the decision in Raj Deo Sharma Vs. State of Bihar, 1999 CalCriLR 398 and fixed dates for examination of the accused under Section 313 of the Cr. P. C. On 7.2.2008, the defacto complainant filed one verified application praying for disposal of the case on the grounds stated in the petition. The application was kept with the record without disposing of the same. On 24.3.2008, the learned Magistrate disposed of the entire case on the basis of only witnesses recorded so far by it in course of trial. During this long period of 20 years, some of the accused persons passed away also.