Sabyasachi Das v. State Of West Bengal

NB 03.02.2021 CRR 293 of 2021 Ct. No. 32 In the matter of:- Sabyasachi Das ...petitioner Mr. Sanjib Mitra ...for the petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick.

...for the State.

This is an application seeking expeditious disposal of a proceeding in which charges were framed under Sections 147, 148, 149 and 307 of the Penal Code.

Let a copy of this application be served upon Mr. Madhusudan Sur and Mr. Dipankar Paramanick, learned Counsels who ordinarily appear on behalf of the State and are present in Court today. Their engagement may be regularised by the competent authority of the State in due course. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is a defence personnel due for transfer in April, 2021. The impugned proceeding was initiated in 2010 and the trial had started in 2013. Although, the petitioner had prayed for adjournments on a few occasions, largely the trial had remained pending for no fault on the part of the petitioner. Out of twelve witnesses only two witnesses are left to be examined in this case.

Learned Counsel appearing on behalf of the State, in his usual fairness, submits that it will be in the interest of justice that the proceeding is expedited.

I have heard the submissions of the learned Counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

There is an inordinate delay in concluding the impugned proceeding. Now, it is not really important as to which of the parties were mainly responsible for the said delay. The interest of justice would require that the trial is expedited.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of four months from the next date of hearing. With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)