Pintu Nandi v. State Of West Bengal And ANR.

08.04.2021 Item No.15 Ct. No.42 CHC C.R.R. No.629 of 2021 (Through Video Conference) In Re: An application under Section 401 read with Section 482 of the Criminal Procedure Code, 1973.

And In the matter of:- Pintu Nandi .....petitioner Mr. Sourav Haldar ... for the petitioner in virtual mode Mr. Swapan Banerjee, Mr. Suman De ... for the State Mr. Soumik Ganguli, Mr. Sourat Nandy ...for the o.p. no.2 Quashing of a proceeding being G.R. Case No.3435 of 2009 under Sections 468/471/420/120B of the Indian Penal Code has been proposed on the ground of inordinate delay being caused in the disposal of this case.

Mr. Sourav Haldar, learned advocate representing the petitioner in virtual mode expresses his deep concern projecting the long pendency of this case against the petitioner. It is contended by the learned advocate for the petitioner that petitioner has been selected in connection with an appointment

and pendency of this criminal case against him, his appointment is getting delayed causing serious prejudice to the petitioner. It is submitted by Mr. Haldar that there has been substantial progress in the instant trial with collection of evidence of the vital witnesses and leaving some witnesses still unexamined. Mr. Banerjee, learned advocate representing the State produces a copy of the report submitted by Mr. Samir Mandal, SI.I. of Police, Bizpur Police Station. The same be taken on record. Mr. Banerjee submits that the learned trial court is trying hard to conclude the trial within a reasonable period of time upon making examination of all relevant witnesses, as cited in the chargesheet.

Having considered the submission of learned advocates for the parties, the Court is of the view that the instant revisional application may be disposed of, so as to subserve the purpose of justice, as proposed to be obtained, giving direction mentioned as hereunder.

Learned court below is directed to ensure expeditious disposal of pending case making effective utilization of the dates, so far fixed, and if necessary upon resorting to steps available under Section 309 Cr.P.C. so that the logical conclusion of this case may be reached within a reasonable period of time, preferably within a period of six months from the date of communication of this order.

With this direction/observation, the instant revisional application stands disposed of.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.)