Md Nizamuddin Mondal@Md Nijamuddin v. State Of West Bengal

C.R.R. No.1047 of 2021 D/L48 11.04.2023 Bpg.

In Re: An application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure; Md. Nizamuddin Mondal @ Md Nijamuddin

Versus

The State of West Bengal and another Mr. Kollol Kumar Basu, Md. Jannat Ul Firdous.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Ms. Debjani Sahu.

...for the State.

Mr. Y.J. Dastoor, Mr. Koushik Kundu, Md. Younush Mondal.

...for the private opposite parties/accused persons. Report submitted by Mr. Mukherjee, learned Public Prosecutor be kept with the record.

Report reflects that the four accused persons namely, Jhantu Mondal @ Md. Emdadul Haque, Sasher Mondal @ Emdadul Mondal, Laltu Mondal @ Ajijul Haque and Saidul Mondal @ Mahidul Islam Mondal surrendered before the learned ACJM, Barasat on 31.01.2023 and learned ACJM, Barasat accepted the bond furnished by all four accused persons. On 10th April, 2023 the case of the aforesaid accused persons have been committed to the court of sessions and the date for appearance before the learned District and Sessions Judge has been fixed on 01.06.2023. The grievance of the complainant/petitioner so far as the

administration keeping these persons out of the trial of the instant case do not survive any more. Learned advocate for the petitioner further submits that the trial of the case is being delayed only for submission of report in respect of death of one of the accused persons.

State is directed to submit such report before the learned District and Sessions Judge on June 1, 2023, the next date so fixed. With the aforesaid observations, CRR 1047 of 2021 is disposed of.

Learned trial court is directed to expedite the progress of the trial in accordance with law so that the same can be taken to its logical conclusion without any further delay. Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)