Ashok Kumar Agarwal @ Ashok Agarwal v. State Of West Bengal And ANR

14.09.2023 Serial no. 42 [G.S.D] CRR 1567 of 2023 In the matter of : Ashok Kumar Agarwal @ Ashok Agarwal ... ... Petitioner Mr. Pawan Kumar Gupta Mr. Manish Shukla Ms. Sofia Nesar Mr. S. Sett ... for the petitioner Mr. S. G. Mukherjee Mr. Pravas Bhattacharya Mr. M.F.A. Begg ... for the State The petitioner is directed to serve a copy of this revisional application upon Mr. Pravas Bhattacharya, Learned Advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority.

Mr.

Gupta, Learned Counsel for the petitioner/defacto-complainant, submits that although the case was initiated on or about August, 2019, but, till date, only charge-sheet has been submitted and the accused is evading the court process. At least, on five occasions, accommodation has been prayed for before the ld. Magistrate.

Having regard to the manner in which the proceedings are progressing before the ld. Metropolitan Magistrate, 3rd Court, Calcutta, I direct that the ld. Magistrate would be empowered to modify or impose conditions on the bail granted to the accused. The accused must be compelled to appear before the ld. Court. The accused person be notified before the next date so fixed and charge be framed on the next date so fixed or within a fortnight thereafter.

The ld. Magistrate for the purposes of the case would fix one date in every 75 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time, provided that, if the ld. Magistrate is of the opinion that the trial of this case should proceed after consideration of charges. No unnecessary adjournment be granted to either of the parties so that the trial of the case can be concluded at the earliest.

With the aforesaid observations, CRR 1567 of 2023 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 at 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.)