Shosi James Rozario v. State Of West Bengal And ANR.

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 1991 of 2022 Shosi James Rozario Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Susnigdho Bhattacharyya, Adv.

For the State : Mr. Aniket Mitra, Adv. Heard on : 01.08.2022 Judgment On : 01.08.2022.

Bibek Chaudhuri, J.

This is an application for expeditious disposal of G.R. Case No.1207 of 2018 filed by the petitioner/accused. It is submitted by the learned Advocate for the petitioner that on 12th July, 2018 chargesheet was submitted by the Investigating Officer under Sections 417/419/464/465/468/471 of the Indian Penal Code read with Section 14 of the Foreigners Act before the learned Additional Chief Judicial Magistrate at Bongaon.

On filing of such charge-sheet, G.R. Case No.1207 of 2018 was instituted.

It is submitted by the learned Advocate for the accused/petitioner that though charge-sheet was filed in the year 2018, till date the Trial Court could not frame charge against the accused. The accused is an Indian citizen. In support of such contention, the learned Advocate for the petitioner has filed a supplementary affidavit annexing all relevant documents to prove his citizenship of this Country. Thus, the petitioner wants expeditious disposal of the case.

Considering the nature of the application and prayer made on behalf of the accused, this Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned Public Prosecutor-in-Charge.

Mr. Aniket Mitra, learned Public Prosecutor-in-Charge is requested to assist this Court on behalf of the State. Appointment of Mr. Aniket Mitra be regularized by the learned Legal Remembrancer, Government of West Bengal.

It is unfortunate to note that the learned Additional Chief Judicial Magistrate, Bongaon has not found time during last four years to even frame charge against the accused in connection with G.R.Case No.1207 of 2018. There is absolutely no explanation as to why there was such inordinate delay in consideration of charge against the accused.

For the reasons stated above, learned Additional Chief Judicial Magistrate, Bongaon is directed to take up G.R. Case No.1207 of 2018 for hearing on the point of consideration of charge within 3 weeks from the date of communication of the order. The learned Advocate for the petitioner is at liberty to communicate this order obtaining server copy of the same.

The instant revision, is, thus, disposed of with the above order.

(Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.110..

D/L.