Sandip Adhikari And ORS. v. Piyali Adhikari And ANR.

NB 28.04.2022 CRR 1350 of 2022 Ct. No. 39 In the matter of:- Sandip Adhikari & Ors. ...petitioners Mr. Subrata Karmakar.

...for the petitioners.

Mr. Anwar Hossain, Ms. Manisha Sharma.

....for the State.

This is an application seeking expeditious disposal of a proceeding in which a charge sheet was submitted under Sections 406, 498A and 323 read with Section 34 of the Penal Code. Let a copy of this application be served upon Mr. Anwar Hossain and Ms. Manisha Sharma, learned Counsels who ordinarily appear on behalf of the State. Let them represent the State. 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 in laws of the opposite party/de facto complainant. The informant lodged the First Information Report on 25.04.2017. A charge sheet was submitted in May 2017. In fact, charges were also framed in 2018 itself. Yet, till date, not a single witness could be examined. The matter has remained pending for no fault on the part of the present petitioner.

Learned Counsel appearing on behalf of the State submits that no inordinate delay that has been occasioned in the present case. There are cases pending since 2016 or 2017 where accused are facing custody trial in NDPS cases.

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

It appears that although the FIR was lodged in 2017 and charges were framed in 2017 itself, till date the proceeding could not be concluded. Although, it could not be said that there is an inordinate delay in disposing of this application, it is expected that the learned Trial Court would take appropriate measures to conclude the proceeding at the earliest without granting any unnecessary adjournment to any of the parties. With the above 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.)