Md Ruhul Kudush Gazi v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 1712 of 2022 Md.Ruhul Kudush Gazi Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Sabir Ahmed, Adv.

Mr. Sandip Kumar Mondal, Adv.

For the State : Mr. Saswata Gopal Mukherjee, Ld.P.P. Mr. Anwar Hossain, Adv.

Ms. Manisha Sharma, Adv.

Heard on : 18.07.2022 Judgment On : 18.07.2022.

Bibek Chaudhuri, J.

This is an application for expeditious disposal of Sessions Case No.10 of 2014-cum-Special POCSO Case No.7 of 2021 corresponding to Sessions Trial No. 3 (3) of 2014 pending before the Court of the learned Additional Sessios Judge, Bench No.II, Calcutta arising out of Burtolla Police Station Case No.444 of 2013 dated 6th September, 2013.

The petitioner has filed the instant criminal revision on the ground of his incarceration of about 8 and 1⁄2 years and the trial of the

case has not been concluded. A report was called for. On 8th July, 2022, the learned Registrar (Judicial Service), High Court, Calcutta has submitted a report annexing a report submitted by the learned Additional Sessions Judge, Bench No.II, City Sessions Court, Calcutta. On perusal of the said report, it is found that out of 5 accused persons, the learned Trial Judge already examined 4 accused persons under Section 313 of the Code of Criminal Procedure. Examination of the another accused could not be conducted because of the fact that the charge is required to be altered.

The learned Judge, Bench-II, Calcutta has also informed that she was under order of transfer on the date of submission of record. It is suggested by the learned Public Prosecutor, High Court, Calcutta that the instant revision may be disposed of directing the Trial Court to dispose of the case within specific period of time from the date of joining of the new incumbent in Bench-II, City Sessions Court, Calcutta.

The learned Advocate for the petitioner has accepted such proposal made by the learned Public Prosecutor, High Court, Calcutta. In view of the above circumstances, the instant criminal revision is disposed of directing the learned Trial Court to dispose of the above-mentioned case within 6 months from the date of joining of a new incumbent in Bench-II, City Sessions Court, Calcutta.

Let this order be communicated to the learned Trial Court through the learned Registrar (Judicial Service), High Court, Calcutta. The petitioner is at liberty to communicate this order obtaining server copy of the same.

The instant revision, is, thus, disposed of.

(Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.5.

D/L.