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Calcutta High CourtCRR/951/2022disposed

Soumen Majumder And ORS v. The State Of West Bengal And ANR

2022-03-28Hon'Ble Justice Jay Sengupta2 pages

28.03.2022 SB Ct. No.39 CRR 951 of 2022 In the matter of : Sri Soumen Majumder & Ors. Mr. Prantick Ghosh ... for the Petitioners Ms. Ratna Ghosh ... for the State This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under sections 325, 498A of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

Let a copy of the revisional application be served upon Ms. Ratna Ghosh, learned counsel, who ordinarily appears on behalf of the State. She is requested to appear in this matter. Her engagement may be regularised by the competent authority of the State in due course. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are accused in this case. The de facto complainant / opposite party no. 2 lodged an F.I.R. on 02.10.2011. A charge sheet was submitted in November, 2011. Dates have been fixed for framing of charge, but the same has not been done as yet. The present proceeding has remained pending for no fault on the part of the petitioners.

Learned counsel appearing on behalf of the State submits that State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.

I have heard the submissions of the learned counsels for the appearing for the petitioner and the State and have perused the revision petition.

For an F.I.R. that was lodged in 2011 and a charge sheet that was submitted in November 2011, the impugned proceeding ought to have been concluded by now. But, it appears that even charges could not be framed in this case till date. Therefore, it is abundantly clear that an inordinate delay has been occasioned in conducting the impugned proceeding.

In view of the above and in the interest of justice, the learned Trial Court is requested 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 of charges at the earliest, preferably within three months from next date of hearing With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)