Saddam Hussain v. State Of West Bengal & ORS

NB 14.10.2020 CRR 847 of 2020 Ct. No. 05 In the matter of:- Saddam Hussain ...petitioner Mr. Mayukh Mukherjee ...for the petitioner.

Mr. Madhusudan Sur, Mr. Manoranjan Mahata.

...for the State.

This is an application seeking expeditious disposal of a proceeding where a charge sheet was submitted under Sections 307 and 379 read with Section 34 of the Penal Code.

Let a copy of this application be served upon Mr. Madhusudan Sur and Mr. Manoranjan Mahata, 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. In this case, the accused had severely assault the petitioner. But somehow, the de facto complainant/petitioner survived such serious assault. Although, the case was started in 2016, till date even the formalities of a Section 207 of the Code could not be completed. The accused are taking adjournments by taking turns. This is causing severe prejudice to the petitioner/victim.

Learned Counsel appearing on behalf of the State submits that it will be in the interest of justice that the proceeding is expedited. I have heard the submissions of the learned Advocates appearing on behalf of the parties and have perused the revision petition. No prejudice will be caused to anyone if a direction is passed for an expeditious disposal of the proceeding.

Since the case was started in 2016, it appears that there is some delay in conducting the proceeding.

In view of the above and in the interest of justice, I request the learned Court below to conclude the proceedings as expeditiously as possible for complying with the provision of Section 207 of the Code, preferably within a period of three months from the next date of hearing. With the above 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.)