Sk Sanwar v. Abdul Samad And ORS

C.R.R. 1465 of 2022 Court No.

Item 60 Ssi In the matter of:- Sk Sanwar 11.05.

Mr. Maidul Islam Kayal ...for the petitioner Mr. Imran Ali Ms. Puspita Saha ...for the State This is an application seeking an expeditious disposal of a proceeding under Section 145 of the Code of Criminal Procedure.

Let a copy of this application be served upon Mr. Imran Ali and Ms. Puspita Saha, learned advocates, who are present in Court today and who ordinarily appears on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner filed an application under Section 145 of the Code in the year 2021. Although, on 23.08.2021, a direction was passed upon the Officer-in-Charge of Nodakhali Police Station to see that no breach of peace takes place, the main matter could not be taken up for hearing. Several dates were passed. The proceeding has remained pending for no fault of the present petitioner. The instant

proceeding is of an exigent nature and cannot be made to wait for so long.

Learned counsel for the State submits that the State would not come in the way if a direction is passed to expedite the proceeding.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition. No prejudice will be caused to anyone if a direction is passed to expedite the proceeding. It appears that an application under Section 145 of the Code has remained pending for quite sometime and by the very connotation, such application is of an exigent nature.

In view of the above and in the interest of justice, I request the learned Executive Magistrate to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of three months from the next date of hearing.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)