Eyakub Molla @ Yakub Molla @ Yaqub Ali Molla v. State Of West Bengal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta C.R.R. 514 of 2021 Eyakub Molla @ Yakub Molla @ Yaqub Ali Molla -vsThe State of West Bengal For the Petitioner : Mr. Shashanka Shekhar Saha For the State : Mr. Imran Ali Mr. Pratick Bose Heard on : 25.02.2021 Judgment on : 25.02.2021 Jay Sengupta, J.:

Leave is granted to amend the cause title.

This is an application seeking an expeditious disposal of a proceeding in which a charge-sheet was submitted under Sections 302, 304B, 406, 498A read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry

Prohibition Act.

Let a copy of the application be served upon Mr. Imran Ali and Mr. Pratick Bose, learned advocates, who are present in court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State. Learned counsel appearing on behalf of the petitioner submits as follows.

The petitioner is the defactocomplainant of the case and the father of the victim lady. Although the First Information Report was lodged in 2017 and a charge-sheet was submitted in February, 2018, till date the proceeding could not be concluded. The case was committed to the Sessions on 01.11.2019. At least five dates were fixed for framing of charges. But, the same could not be done. After obtaining bail, the accused have prayed for adjournments on a number of occasions. The next date for framing of charges has been fixed as 2nd March, 2021. The proceeding has remained pending for no fault of the present petitioner.

Learned counsel appearing on behalf of the State submits that it would be in the interest of justice 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.

No prejudice will be caused to anyone if a direction is passed to expedite the proceeding.

It appears that some delay has been occasioned in concluding the proceeding, especially after the matter was committed to the Sessions.

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 issue of framing of charges at the earliest, preferably on the next date fixed for framing of charge or at least within 15 days from then.

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.) ssi