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Calcutta High CourtCRR/816/2021disposed

Amarjit Chowpal@ Rahul @ Amarjit Chwopal v. State Of West Bengal

2021-03-17Hon'Ble Justice Jay Sengupta2 pages

NB 17.03.2021 CRR 816 of 2021 Ct. No. 32 In the matter of:- Amarjit Chowpal @ Rahul @ Amarjit Chwopal ...petitioner Mr. Suman De, Mr. Debanshu Ghorai.

...for the petitioner.

Mr. Rana Mukherjee.

...for the State.

This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Sections 342, 376D read with Section 34 of the Penal Code.

Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case and he is in custody since the date of his arrest i.e. 08.02.2020. Although the charge sheet in this case was submitted in February, 2020 and cognizance taken, till date, the charges could not be framed. This is a clear violation of the mandate of Section 35 of the Protection of Children From Sexual Offences Act. Learned Counsel appearing on behalf of the State submits that in the interest of justice, the impugned proceeding should be expedited. I have heard the submissions of the learned Counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

No prejudice will be caused to anyone, if a direction is passed for expeditious disposal of the proceeding.

Regardless of whoever may be actually responsible for the delay in the present case, the proceeding ought to be expedited as the same concerns serious offences under the POCSO Act. In view of the above and in the interest of justice, I request the

learned Trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, and keeping in mind the statutory stipulations contained in the POCSO Act for an expeditious disposal of the proceeding.

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.)