Mosaref Hossain @ Mosa v. State Of West Bengal

30.03.2022 Sl. No.34 Ct. No.39 BM CRR 1001 of 2022 In the matter of : Mosaref Hossain @ Mosa ... Petitioner Mr. Md. Younush Mondal ... for the petitioner Mr. Imran Ali Mr. Md. Kutubuddin ... for the State This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Section 376(2)(1)(n) of the Penal Code.

Let a copy of this application be served upon Mr. Imran Ali and Mr. Md. Kutubuddin, learned Counsels who ordinarily appear on behalf of the State. Let them represent the State. 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. The petitioner is an accused in this case. He is in custody since 7.8.2021 when the FIR was registered. A statement of the victim was recorded. A charge sheet was submitted on 29.12.2021. The matter was thereafter committed to the Sessions. Even charges have not framed yet. The proceeding has remained pending for no fault of the petitioner. Learned Counsel appearing on behalf of the State submits that it does not seem that an inordinate delay has been caused.

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

For an FIR that was lodged on 7.8.2021, the case has already been committed by 29.12.2021. Therefore, I do not find that an inordinate delay was caused in this case. Therefore, there is no need to pass a direction for an expeditious disposal upon the learned trial court. However, it is expected that the learned trial court would dispose of the proceeding as expeditiously as possible. With these 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.)