Sk Mehebub Hossain And Others v. State Of West Bengal And ANR

Court No. 34 CRR 1050 of 2023 06.03.2024 (AD 20) Sk. Mehebub Hossain & Ors Vs.

The State of West Bengal & Anr.

(S. Banerjee) Mr. Subhradeep Koley ... for the petitioners The petitioners are aggrieved by the continuation of the proceeding arising out of Panduah PS case no. 418 of 2022 dated 11.09.2022. Investigating agency on conclusion of investigation has submitted charge-sheet and final report under Section 173 Cr.P.C. The petitioners are not in a position to address the court completely as the foundation of the charge-sheet, being the prosecution papers under Section 207 Cr.P.C. are yet to be supplied to them.

Having regard to the above, I am of the view that the revisional application is a premature one.

Learned Trial Court in seisin of the matter is directed to ensure that all efforts are made to complete the process of supply of copies within a month from the next date so fixed. Efforts be also taken by the learned Trial Court to fix a date thereafter within 45 days so that if the petitioners file an application under Section 239 Cr.P.C., after receipt of the copies, the learned court would be in a

position to consider the same independently without being influenced by any observation made by this court. If after consideration of the materials the learned Trial Court is of the opinion that in this case trial should continue, in that case the learned Trial Court would fix at least one date in every 45 days so that the trial can come to its logical conclusion within a reasonable period of time.

With the above observation CRR 1050 of 2023 is disposed of.

Certified copy so filed by the learned advocate, be kept on record.

All concerned are to act in terms of a copy of this order duly downloaded from the official website of this court.

(Tirthankar Ghosh, J.)