Sanjib Sadhu v. State Of West Bengal And ANR

22.2.2021 ks.

Ct. 42, sl.14 CRR 1169 of 2021 (Via video conference) Sanjib Sadhu vs State of West Bengal & Anr.

Mr. Moyukh Mukherjee ... For Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

The court is approached under Section 482 Cr.P.C. soliciting a direction to ensure expeditious disposal of a case being G.R. Case No. 642/20 under Sections 420/406 of the Indian Penal Code now pending before the learned ACJM, Bidhannagar, North 24 Parganas.

Mr. Mukherjee, learned Advocate in virtual mode for the petitioner/de facto complainant submits that even after submission of charge-sheet making out a prima facie case under Sections 420/406 IPC against the opposite party No.2, till date there has been no commencement of the trial causing serious prejudice to the petitioner/de facto complainant. Mr. Ganguly, learned Advocate representing the State submits that because of the onset and its consequent impact of Covid-19, the ordinary functioning of the court has been largely disturbed, which may be taken in view with respect to the contention raised by the petitioner.

Having considered the submission of both sides, the court is of the view that the instant revisional application may be disposed of, so as to sub-serve the purpose of justice, as proposed to be obtained giving a direction mentioned as hereunder.

Learned court below is directed to make effective utilization of the date so far fixed and if no date is fixed for consideration of the charge, upon making supply of copies to the accused person, a date may be fixed, within four months from the date of communication of this order for consideration of the charge so as to ensure expeditious disposal of the pending case. Upon commencement of the trial, the learned court below will be free to resort, if necessary, to the provisions available under Section 309 Cr.P.C. for arriving at a logical conclusion of this case within a reasonable period of time.

With this direction and observation, the instant revisional application stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities. (Subhasis Dasgupta, J.)