Mainuddin Sarkar v. State Of West Bengal

13.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.40 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 Sayandeep C.R.R. 1111 of 2022 Mainuddin Sarkar versus The State of West Bengal.

In Re: An Application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973 filed in connection with Islampur Police Station Case No. 92 of 2005 dated 02.08.2005 (G.R.

No.583/2005) under Sections 147/148/149/326/307/120B of the Indian Penal Code. Mr. Soumojit Das Mahapatra, Mr. Ali Arsar Alamgir Miss Riya Das ... For the Petitioner.

Mr. S.G. Mukherjee Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan ... For the State.

The present application has been preferred in respect of Islampur P.S. Case No. 92 of 2005 dated 02.08.2005. The grievance of the petitioner is that in spite of the case being registered in the year 2005 till date charge has not been framed against the accused persons. As more than 17 years have passed and there has been no progress in the trial of the case I am of the considered view that directions must be passed for proper progress of the case.

In spite of service, none appears on behalf of the State. Accordingly, Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State, is directed to appear in this matter and represent the State. His appointment may be regularized by the concerned authorities.

In view of the present Sessions Case No. 83 of 2015 is pending for about 17 years, I direct to learned Trial Court that on or from 07.06.2022, the learned Trial Court would

take steps for completing the process of consideration of charges within a week from the said date. If the learned Court finds that some of the accused persons are purposely evading the Court the learned Trial Court would modify the order of bail so that the appearance of the accused persons can be compelled for participating in the proceedings. The learned Trial Court would thereafter fix a schedule consisting of three dates for progress of the case and there must be at least one schedule fixed on each and every month so that the trial can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, CRR 1111 of 2022 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)