Johak Sk. v. State Of West Bengal

(Via Video Conference) CRR 1485 of 2021 In the matter of:- Johak Sk.

Mr. Biswajit Tiwari .....for the petitioner Mr. Imran Ali Mr. M. F. Ahmed Begg .....for the State Court No.

Item 18 tbsr 02.02.

This is an application seeking an expeditious disposal of a proceeding in which a charge-sheet was submitted under Sections 143, 341 and 304 of the Penal Code.

Let a copy of this application be served upon Mr. Imran Ali and Mr. M.F. Ahmed Begg, learned counsels, who are present in court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the de facto complainant in this case and is father of the victim deceased. He had filed a First Information Report on 24.11.2016. During pendency of the proceeding, the original records of the case went missing. However, after submission of charge sheet cognizance was taken and since 15.12.2020 the matter has remained pending for commitment. The commitment of the case has not taken place as yet. On the last occasion i.e. on 01.02.2022 it was found that the records of the case have again been

traced out.

Learned counsel appearing on behalf of the State submits that the State would not come in the way if a direction is passed to expedite the proceeding including the process of commitment.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition. It appears that some delay has been occasioned in concluding the proceeding, especially considering the fact that the incident took place and the FIR was lodged in November, 2016 and till date even commitment has not taken place.

In view of the above and in the interest of justice, I request the learned Magistrate to complete the process of commitment of the case at the earliest, preferably within two months from the date of communication of this order. After this, the learned trial court would make all endeavor to conclude the proceeding as expeditiously as possible.

With these observations, the revisional application is disposed of Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)