Sukanta Mondal v. State Of West Bengal

09.09.2020 ct.13 sb CRR 1138 of 2020 With IA No.CRAN1/2020 (CRAN 4564/2020) (Via Video Conference) Sukanta Mondal Vs.

The State of West Bengal Mr. Sandip Kumar Mondal .... For the petitioner.

Mr. Saibal Bapuli, Mr. Arijit Ganguly .... For the State.

This is an application seeking expeditious disposal of a trial under sections 363/365/367(2)(i) of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences (POCSO) Act.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. Although the First Information Report was lodged in 2019 and even charges were framed on 14.06.2019, till date the trial could not be concluded. Even before onset of the Covid-19 pandemic, on as many as 8 occasions witnesses did not turn up. Learned counsel appearing on behalf of the State submits that it will be in the interest of justice that the trial is concluded in due time.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have

perused the revision petition and the certified copy of the ordersheets filed on behalf of the petitioner. It appears that there has indeed been some delay in proceeding with the trial even before onset of present pandemic. Considering the facts and circumstances and in the interest of justice, I request the learned trial court to conclude the trial as expeditiously as possible, after the normal function of the Court, keeping in mind the statutory mandate for expeditious disposal as contained in the Protection of Children from Sexual Offences Act. With these observations, the revisional application and the connected application are disposed of.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings. (Jay Sengupta, J.)