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Calcutta High CourtCRR/523/2021disposed

Arun Singh v. State Of West Bengal

2022-11-14Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.523 of 2021 D/L43 14.11.2022 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Arun Singh

Versus

The State of West Bengal Mr. Pawan Kr. Gupta, Mr. Sovan Bera, Ms. Puja Beriwal, Ms. Sofia Nesar.

...for the petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee.

...for the State.

Mr. Gupta, learned advocate appearing for the petitioner submits that the principal accused is absconding after obtaining bail and the other accused person is only available whose complicity is lesser than that of the absconding accused. Mr. Ghosh, learned advocate appearing for the State submits that charge till date could not be framed. Records reflect that the criminal case was registered in the year 2014 and the sessions trial number is of the year 2017. There are two parts of this case; first part is progress of trial in respect of the accused who is available with the court and the second part is tracing out the absconding accused. It has also been informed by the State that the next date has been fixed by the learned trial court in the month of January, 2023.

Having regard to the same, I direct that the learned trial court would frame charges on the same date so far as the accused who is available before the court. So far as the absconding accused is concerned, the Deputy Commissioner-in-Charge of Golabari Police Station would once in every fortnight submit a report before the learned trial court and demonstrate the steps he has taken for arresting the absconding accused, Harendar Yadav. Once charge is framed, the learned trial court would fix schedule consisting of three dates and on each and every month the learned trial court will fix a schedule so far as the trial of the case in respect of the accused who are available before the court are concerned, so that the trial is concluded within a reasonable period of time. With the aforesaid observations, CRR 523 of 2021 is disposed of.

Pending applications, if any, are consequently disposed of.

Interim order earlier passed is hereby vacated. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)