Manindra Sarkar v. State Of West Bengal And ANR.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 1988 of 2022 Manindra Sarkar -VsThe State of West Bengal For the petitioner:

Mr. Shibaji Kumar Das, Adv., Ms. Rupsa Sreemani, Adv.

For the State:- Ms. Manisha Sharma, Adv.

Heard on: 23rd June, 2022.

Judgment on: 23rd June, 2022.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of Sessions Case No.03(11) of 2018 (SPL) arising out of Chakdah Police Station Case No.374 of 2018 dated 20th November, 2018 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 presently pending before the learned Additional Sessions Judge, Kalyani at Nadia. 2.

On perusal of the instant application and other material on record this Court is of the view that the instant criminal revision can be disposed of here and now with the assistance of the learned P.P-in-Charge. Therefore Miss. Manisha Sharma, learned P.P-in-Charge is requested to assist this Court on behalf of the prosecution. 3.

It is submitted by the learned Advocate for the petitioner that the petitioner is an old man aged about 73 years, he is in custody since 2018.

Charge was famed against the petitioner on 5th April, 2019 under Section 6 of the POCSO Act and date was fixed on 16th May, 2019 for recording evidence. During the period between 16th May, 2019 and 27th January, 2020, as many as eight dates were fixed by the Trial Court but prosecution failed to examine any witness. Except on 3rd March, 2022 and 4th March, 2020 when the victim girl was examined in chief and cross examined in part. The hearing of the case was delayed due to Covid pandemic but at present the Trial Court should be directed to take expeditious step to dispose of the case.

4.

In view of the High Court at Calcutta, Appellant Side notification No.4680-G Dated 6th December, 2006 regarding "Case Flow Management Rules, 2006", cases involving under Section 376 of the IPC and similar offence should be placed in Track 1 and endeavour should be made to complete the cases in Track 1 within nine months. In view of such guideline issued by this Court way back in 2006, the trial court is directed to complete the trial of the case and deliver judgment within six months from the date of communication of this order. 5.

Learned Advocate for the petitioner is at liberty to communicate this Court obtaining server copy of the same and the trial court shall act upon the server copy of the order passed by this Court. 6.

The instant revision is, thus, disposed of on contest. (Bibek Chaudhuri, J.)