Subhash Chandra Halder v. State Of West Bengal And ORS..

NB 04.04.2022 CRR 1025 of 2022 In the matter of:- Subhash Chandra Halder ...petitioner Ct. No. 39 Mr. Sachetan Ghosh.

....for the petitioner.

Ms. Amita Gaur.

...for the State.

This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Sections 379, 406, 420 read with Sections 34 and 120B of the Penal Code. Let a copy of this application be served upon Ms. Amita Gaur, learned Counsel who ordinarily appear on behalf of the State. Let her represent the State. Her 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 a senior citizen and is the de facto complainant in this case. in 2015, he lodged an FIR alleging misuse of his credit card by his daughter in law. A charge sheet was submitted in 2017. In 2019, charge was framed. The prosecution intends to examine seven witnesses in this case. However, only a single witness could be examined in this case till date, that too in apart. The matter has remained pending for no fault on the part of the present petitioner.

Learned Counsel appearing on behalf of the petitioner submits that no inordinate delay has been occasioned in this case. Unfortunately, there are cases under the NDPS Act where the accused are facing custody trial since 2016.

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

petition.

It appears that the FIR was lodged in 2015. But, till date the proceeding could not be concluded. There was some delay between the submission of charge sheet and the framing of charge and in the meantime, Covid 19 pandemic had also set in.

Therefore, I do not find that an inordinate delay has been occasioned in this case. Therefore, there is no need to pass a direction upon the learned Trial Court to expedite the proceeding. However, it is expected that the learned Court would conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties.

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.)