Sandeep Kedia v. State Of West Bengal And ANR

09.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.85 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1509 of 2023 In the matter of : Sandeep Kedia ... Petitioner.

Mr. Dipanjan Dutt, Ms. Sucheta Das ... For the Petitioner.

Mr. Joydeep Roy, Ms. Sujata Das ... For the State.

The petitioner is aggrieved by the fact that though the proceeding which was registered in the year 2013 by Hare Street Police Station being Hare Street Police Station Case No. 787 of 2013 dated 12.11.2013, but till date, charge has not been framed.

The petitioner is directed to serve a copy of this revisional application upon Ms. Sujata Das, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

Mr. Dutt, learned advocate appearing for the petitioner expresses his anxiety regarding the manner in which the proceedings are pending.

I find his anxiousness to be justified. Having considered that 10 years have passed since the initiation of the case and the charge not being framed, I am of the view that on the next date i.e. on 20.07.2023, efforts be taken by the learned Magistrate for framing of the charges. If, on the said date, for some reasons beyond control, the learned Magistrate is unable to frame the charge, then within a month thereafter, the process should be definitely concluded.

Learned

Magistrate thereafter would fix at least one date in a month 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.

The learned public prosecutor appearing for the State would make the documents and the material exhibits available on the dates for which the witnesses are to be examined. The case is based on documents. Considering the same, the learned Magistrate would insist on completion of cross-examination, on the same day on which the witnesses are examined in chief or on the following day. With the aforesaid observations, the revisional application being CRR 1509 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)