Israfil Mondal v. State Of West Bengal

13.05.2022 SB Ct. No.39 CRR 1604 of 2022 In the matter of : Israfil Mondal Ms. Amita Gaur Ms. Atulya Sinha ... for the Petitioner Mr. Tanmay Kumar Ghosh Md. Kutrub Uddin ... for the State This is an application seeking for expeditious disposal of a proceeding under Sections 448, 324, 325, 326 308 and 34 of the Indian Penal Code.

Let a copy of the application be served upon Mr. Tanmay Kumar Ghosh and Md. Kutub Uddin learned counsels, who ordinarily appear on behalf of the State 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 petitioner submits as follows. The petitioner is the victim in this case. His brother lodged an F.I.R. in 2015. A charge sheet was submitted. Thereafter, charges were framed. There was a direction passed by this Court to expeditiously conclude the hearing. Yet, till date only four witnesses could be examined that too only in chief. The proceeding has remained pending for no fault on the part of the petitioner.

No prejudice will be caused to anyone if a direction is passed to expedite the proceeding.

Learned counsel appearing on behalf of the State submits that State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.

I have heard the submissions of the learned counsels appearing for the petitioner and the State and have perused the revision petition. It appears that some delay has been occasioned in this case considering that the F.I.R. was lodged in 2015. It is unfortunate that this is despite the fact that earlier a direction was passed by this Court directing an expeditious conclusion of the proceeding.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties and by taking steps to ensure the attendance of the witnesses, preferably within a year 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, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)