Arup Mazumdar And ANR v. State Of West Bengal

26.03.2021 SB Ct. No.32 CRR 918 of 2021 In the matter of : Sri Arup Mazumder & Anr.

Mr. Debasis Kar Mr. Subhajit Chowdhury ... for the Petitioners Md. Anwar Hossain Mr. Pratick Bose .... for the State This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Sections 323, 341, 506 and 34 of the Indian Penal Code. Let a copy of the application be served upon Md. Anwar Hossain and Mr. Pratick Bose, learned counsels who ordinarily appear on behalf of the State. They are requested to appear in this matter. Their engagement may be regularised by the competent authority of the State in due course.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband and the mother in law of the de facto complainant. The petitioner No. 2 suffers from different ailments.

Although the F.I.R. was lodged on 10.06.2013 and the Charge Sheet was submitted on 30.06.2013, till date the proceeding could not be concluded. There were five prosecution witnesses cited in the charge sheet. Although the plea was recorded on 12.09.2014, till date not a single witness could be examined. Learned Trial Court was constrained to issue witness warrants against CSWs 1 and 2. The proceeding has remained pending for no fault on the part of the petitioners.

I have heard the submissions of the learned counsels appearing on behalf of the petitioners and the State and have perused the revision petition.

No prejudice would be caused to any one if a direction is passed for an expeditious disposal of the proceeding. It appears that an inordinate delay was occasioned in concluding the impugned proceeding, especially considering the plea recorded as far back as on 12.09.2014.

In view of the above and in the interest of justice, I request the learned Trial Court to take appropriate measures to ensure the attendance of the witnesses and to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of one year from the next date of hearing.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings. (Jay Sengupta, J.)