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Calcutta High CourtCRR/353/2020disposed

Ainal Ahque@ Md. Ainul Haque v. State Of West Bengal

2021-04-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.04.2021 Item No.10 Ct. No.42 CHC C.R.R. No.353 of 2020 (Physical Hearing) In Re: An application under Section 482 of the Criminal Procedure Code, 1973.

And In the matter of:- Ainal Haque @ Md Ainul Haque .....petitioner Ms. Sreyashee Biswas, Ms. Benajir Hasna ... for the petitioner Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Arijit Ganguly ... for the State The Court is approached under Section 482 Cr.P.C. soliciting direction to ensure expeditious disposal of N.D.P.S. Case No.33 of 2019, now pending before the Learned Judge, Special Court under N.D.P.S. Act-cum- Additional District and Sessions Judge, 2nd Court, at Berhampore.

Ms. Biswas, learned advocate representing the petitioner submits that there has been inordinate delay caused in the disposal of the case pending against the petitioner, who is in custody. It is given to understand by Ms. Biswas that in the meantime, trial has proceeded fairly.

Such development, according to Ms. Biswas is subsequent to the filing of the instant revisional application.

Mr. S. G. Mukherji, learned Public Prosecutor is present and submits that necessary order regarding disposal of this case may be made upon taking a note of long pendency of this case. Having considered the submission of both sides, the Court is of the view that the instant revisional application may be disposed of, so as to subserve the purpose of justice, as proposed to be obtained, giving direction mentioned as hereunder. Learned court below is directed to ensure expeditious disposal making effective utilization of the dates, and if necessary, upon resorting to steps available under Section 309 Cr.P.C. With this direction/observation, the instant revisional application stands disposed of.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.)