Gokul Chandra Mura v. State Of West Bengal And ORS.

C.R.R.1468 of 2023 D/L24 30.08.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Gokul Chandra Mura

Versus

The State of West Bengal and others Mr. Sk. Sahjahan Ali.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Begg, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. Learned Public Prosecutor is directed to represent the State.

The present case being Bhagwanpur Police Station Case No.385 of 2021 was initiated under Sections 363/366/34 of the Indian Penal Code and subsequently Section 376 of the Indian Penal Code was added along with Sections 6 and 8 of the POCSO Act. Subsequently, Sections 9 and 10 of the Prohibition of Child Marriage Act was also added.

Learned advocate appearing for the petitioner submits that till date charges have not been framed by the learned special court.

Having regard to the submissions so advanced, I direct that the learned trial court, which presumably is learned special

court, would take steps so that the charges are framed on the date so fixed or within a month thereafter. After consideration of the charges, if it is of the opinion that the trial of the case should proceed, then in that case, fix a schedule consisting of three dates and fix such schedule once in every two months so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties. All efforts be taken so that the evidence of the victim is recorded within a month from the date of framing of the charges.

With the aforesaid observations, CRR 1468 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)