Calcutta High CourtCRR/1380/2021disposed

Sonu Harijan v. State Of West Bengal

2021-06-29Hon'Ble Justice Kausik Chanda2 pages

CRR 1380 of 2021 (Via Video Conference) g.b.

29.06.2021 Court No.35 In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973;

And In Re: -Sonu Harijan Petitioner Mr. Sudip Ghosh Chowdhury For the Petitioner Ms. Sukanya Bhattacharyya Mr. M. F. Ahmed Begg For the State Ms. Sukanya Bhattacharyya, learned advocate for the State is requested to appear in this matter. Let her appearance be regularised.

In this application the petitioner has prayed for the conclusion of the trial pending before the learned Additional Sessions Judge, 1st Court, Hooghly in Sessions Trial No.10(09)/2018 arising out of Polba Police Station Case No. 128/2016 dated 09.10.2016 under Sections 326/307/302/301/34 of the Indian Penal Code.

Learned advocate for the petitioner submits that there is already an order dated January 10, 2020, passed by a Division Bench of this Court to expedite the trial and conclude the same at an early date preferably within three months from the next date fixed for recording of evidence without granting any unnecessary adjournment to either of the parties. Mr. Sudip Ghosh Chowdhury, learned advocate for the petitioner submits that pursuant to the said order dated January

10, 2020, the evidence of the case has been closed. The case is fixed at the argument stage and next date for argument was fixed on 2nd July, 2021. In this pandemic situation, it is not expected that the learned Judges in the Court below can act as expeditiously as before. Therefore, delay in disposal of the trial cannot be attributed to the learned Sessions Judge. However, keeping in mind that there was already a direction passed by this Court dated January 10, 2020, and in view of the fact that the petitioner is facing a custodial trial.

The revisional application is disposed of with the direction of the learned Sessions Judge to conclude the hearing of the case within 31st July, 2021.

The prosecution is directed to participate in the hearing without seeking any unnecessary adjournment.

(Kausik Chanda, J.)