Calcutta High Court Flags 39-Year Delay In Murder Case, Directs Magistrate To Commit Case To Sessions Court Within Six Weeks

The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has expressed strong displeasure over a criminal case pending for nearly four decades without even reaching the stage of committal to the Sessions Court. Justice Jay Sengupta directed the jurisdictional magistrate to complete the committal proceedings within six weeks, calling the delay “very unfortunate” and emphasising that an accused cannot be forced to suffer the consequences of systemic lapses.

The Court was hearing a plea filed by Anil Chandra Barman, one of the 80 accused in a case registered in 1987 under Sections 147, 148, 149, 324 and 302 of the IPC. Although the FIR was lodged almost 39 years ago and a charge-sheet was filed in December 1990, the case has not been committed to the Sessions Court till date. The petitioner submitted that despite a 2019 order of the High Court directing the magistrate to commit the case, the matter continued to be delayed on various pretexts, primarily because several accused persons remained absconding. The petitioner, who has since retired from service, argued that he was not even receiving pension benefits due to the pendency of the proceeding.

The State supported the petitioner's plea, submitting that expeditious disposal was necessary in the interest of justice. Taking note of the extraordinary delay, the Court observed that the pendency of the matter for decades without committal was indefensible, particularly when a clear judicial direction had already been issued in 2019.

In its order, the Court directed the jurisdictional magistrate to conclude the committal process within six weeks, including by splitting up the proceeding against appearing and non-appearing accused if required. Once committed, the Sessions Court was instructed to take all necessary steps to expedite the trial and to avoid granting unnecessary adjournments.

With these directions, the criminal revision petition was disposed of. The Court also directed that urgent certified copies of the order be supplied to the parties if sought.

Case: Sri Anil Chandra Barman Vs. The State of West Bengal

Case No: C.R.R. 18 of 2024

Click here to read order