Calcutta High CourtCRR/145/2022disposed

Md Mortaza Molla v. State Of West Bengal

2022-02-11Hon'Ble Justice Jay Sengupta2 pages

C.R.R. 145 of 2022 Court No.

Item 26 Ssi In the matter of:- Md. Mortaza Molla 11.02.

(via video conference) Mr. Husen Mustafi ...for the petitioner Ms. Manisha Sharma ...for the State This is an application seeking an expeditious disposal of a proceeding in which a charge-sheet was submitted under Section 22 (c ) of the NDPS Act and Section 14 of the Foreigners Act.

Let a copy of this application be served upon Mr. Ms. Manisha Sharma, learned Advocate, who is present in court today and who ordinarily appears on behalf of the State. Her engagement may be regularized by the competent authority of the case in due course. Learned counsel for the petitioner submits as follows. The petitioner is an accused in this case. He is in custody since 19.12.2020 the date on which the FIR was lodged. Charge-sheet was submitted in April 2021. The prosecution intends to examine 10 witnesses in this case. Despite fixing several schedules, till date even charges could not be framed. The matter has remained pending for no fault of the present petitioner. Learned counsel for the State submits that the

State would not come in the way if a direction is passed to expedite the proceeding.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition. It appears that some delay has been occasioned in concluding the proceeding in this case, especially considering the fact that the petitioner is in custody since 19.12.2020.

In view of the above and in the interest of justice, I request the learned trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties and in particular, to decide the question of framing charge on the next date of hearing or within a period of two months from that date.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)