Samir Mondal v. State Of West Bengal

25.04.2024 Serial no. 6 [G.S.D] CRR 1464 of 2024 In the matter of : Samir Mondal ... ... Petitioner Mr. Arnab Chtterjee Ms. Dhanasree Biswas Ms. Poulami Bose ... for the petitioner Ms. Baisali Basu Mr. Shaharayan Alam ... for the State Ld. Advocate for the petitioner submits that the petitioner is the defacto-complainant, who is aggrieved for the offence committed at the instance of the accused persons.

The records of the case reflect that the present case was initiated at the Saktipur Police Station and registered as Saktipur Police Station Case No. 169 of 2023 dated 27.7.2023 under sections 498A/302/34 of the IPC read with Section 4 of the DP Act.

The petitioner has prayed for expeditious disposal of the case. However, the records reflect that next date has been fixed on 25th of June, 2024 and the documents under section 207 cr.p.c. are yet to be supplied to the accused persons. Charge-sheet has been filed under sections 498A/306/34 of the IPC read with Section 4 of the DP Act and the case is pending before the ld. Magistrate.

Having regard to the stage of the proceedings, I direct the ld. CJM, Murshidabad to take steps by supplying all the copies and commit the case as early as possible to the ld. Jurisdictional Sessions Court. No unnecessary adjournment be granted to any of the parties. In case, any accused is not cooperating or is trying to evade the process of law, the ld. Magistrate, in that case, on the next date so fixed would modify the condition of bail. The case after being committed before the ld. Sessions Judge be considered according to the schedule of the said court. However, charges by the said jurisdictional court or the trial court should be taken up or stage should be overcome by 30th of September, 2024, thereafter, the ld. Trial court would fix a schedule, if required, in accordance with the discretion of the said court.

It is further directed that the trial of the present case would continue in spite of any resolution of the local Bar and the participating advocates will not stall the proceedings because of such resolution. All stakeholders will cooperate with the ld. Trial court for concluding the trial at the earliest. With the aforesaid observations, CRR 1464 of 2024 is disposed of.

Pending application, if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)