Sahabuddin Gazi & ORS v. State Of West Bengal

Sr. 54 14-12-2020 s. d.

ct, no.42 CRR 940 of 2020 In Re : Sahabuddin Gazi and ors. ...... petitioners. In the matter of : An application under Sections 401 and 482 of the Code of Criminal Procedure.

Mr. Syed Shamsul Arefin Mr. Kaniz Kulsum .....for the petitioners.

Mr. S. G. Mukherji, PP Mr. Arijit Ganguly ....for the State.

Learned advocate appearing for the petitioners is aggrieved by the manner in which the proceedings are presently progressing before the court of learned Additional Chief Judicial Magistrate - II, Baruipur, South 24 Parganas in connection with G.R Case No. 1626 of 2015. Mr. Arijit Ganguly, learned advocate who ordinarily appears for the State is directed to appear in this matter. The petitioners is directed to serve a copy of the revisional application upon the learned advocate appearing for the State.

It has been brought to the notice of this Court that the charge was framed on 17th November, 2018, but till date no witness can be examined.

I find from the records that the next date was fixed in the month of April, 2020 and the pandemic situation perhaps did not allow the court to proceed with the case. Having regard to the fact that the case was initiated in the year 2015 and the evidence of the case could not be commenced, I direct that the learned trial court would take effective steps for commencing the evidence of the case so that within a reasonable period of time the case can be taken to its logical conclusion.

Having regard to the present situation, no time schedule is fixed for the present and the learned court below would take steps so that there is no impediment caused by either of the parties for delaying the progress of the trial. With the above observations, CRR 940 of 2020 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

( Tirthankar Ghosh, J. )