Avijit Shee And Others v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 23-04-2024 Subha Item no. 121 Ct no.34 CRR 1196 of 2024 Avijit Shee and ors.

-versus- State of West Bengal & Anr.

Mr. Shambhu Nath De Mr. Soewel Bhattacharjee ....for the petitioners.

Supplementary affidavit so filed be kept with the record. Charges in this case were framed in the year 2019. Petitioners have prayed for quashing of the chargesheet no. 557 dated 31-07-2018 in connection with the case under Sections 325/354/509/506 IPC and S.12 of the POCSO Act. The proceedings are pending before the learned trial court. Petitioners have filed supplementary affidavit. I find no substantial progress in the case although under Section 35 of the POCSO Act the legislature has given a dictum that it would be in the interest of justice that the victim is examined within a scheduled period of time.

Having regard to the prayers, which have been advanced after more than four and half years, I am of the opinion that the prayer for quashing cannot be interfered at this belated stage. Accordingly the revisional application being CRR 1196 of 2024 is disposed of.

As the case was initiated in the year 2018, the learned trial

court would fix a schedule consisting of three dates and fix such schedule once in every month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. Learned trial court if it finds that on a particular date witness is not present will send communication with the Inspectorin-Charge, Khardah PS who would take steps for ensuring the availability of the witnesses. .

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]