Arup Mazumdar And ANR v. State Of West Bengal

26.03.2021 SB Ct. No.32 CRR 919 of 2021 In the matter of : Sri Arup Mazumder & Anr.

Mr. Debasis Kar Mr. Subhajit Chowdhury ... for the Petitioners Mr. Imran Ali Ms. Debjani Sahu .... for the State This is an application seeking an expeditious disposal of a proceeding in which charge sheet was submitted under Sections 323, 406, 498A of the Penal Code and Sections 3 and 4 of the Dowry Prohibitions Act.

Let a copy of the application be served upon Mr. Imran Ali and Ms. Debjani Sahu, 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 / wife. The petitioner No. 2 suffers from several ailments. Although the F.I.R. was lodged at 24.07.2012 and the Charge Sheet was submitted on 21.11.2012, till date the proceeding could not be concluded. There were seven witnesses cited in the charge sheet although. Although the charges were framed on 18.06.2015, till date only one witness could be examined, that too in part. Lastly, on 23.03.2020 the next date for evidence was fixed as on 16.11.2021. Long dates are being fixed. The prosecution

has failed to produce the witnesses. The matter has been pending for no fault on the part of the petitioners Learned counsel appearing on behalf of the State submits that it will be in the interest of justice if a direction is passed to expedite the proceeding.

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 fact that charges were framed on 18.06.2015. Moreover, long dates are being fixed in this case.

In view of the above and in the interest of justice, I request the learned Trial Court to pre-pone the next date to any date in the month of June, 2021 and thereafter, to conclude the trial as expeditiously as possible without granting any unnecessary adjournments to any of the parties, preferably within a period of ten months 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.)