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Judgment
The petitioner has filed this application for expeditious trial of the CGR Case No. 3756 of 2011 under Sections 120B/406/420 IPC pending before the
learned Judicial Magistrate, 6th Court at Alipore, District : 24 Parganas (South). It appears from the order dated 15.9.2014 that at the stage of
consideration of charge an application under Section 239 of Cr.P.C. was filed on behalf of the accused persons praying for discharge from the
case. The accused persons absented themselves and the date was fixed time to time for hearing of the said application and even the application
could not be taken up till 27.10.2017 as it would appear from the order dated 18.9.2017 certified copy of the order sheets being annexed to the
application. Now, the petitioner in person submits that the application under Section 239 Cr.P.C. was disposed of on 18.1.2018 and the same was
rejected and the case has been fixed on 30.6.2018 for consideration of the charge. But the said order is not on the record. It is submitted by the
petitioner in person that after filing of the case the said application has been disposed of after long time. So it is expedient on the part of this Court
to see from the said order as to how an application took such a time for the Magistrate to dispose of.
Accordingly, the petitioner is directed to submit a copy of the said order dated 18.1.2018.
List the matter on 29.3.2018 for hearing and necessary order.
The learned Public Prosecutor, High Court, Calcutta be informed to be present before this Court on the date fixed.
Affidavit of service be kept on record which shows that the service has been effected on the Public Prosecutor, High Court, Calcutta.