Manik Sona Molla v. State Of West Bengal

Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2248 of 2022 Manik Sona Molla Vs.

The State of West Bengal For the petitioner : Mr. Nimai Ray Mr. Ronit Mukherjee Mr. N. Touhid For the State : Ms. Sujata Das, Adv.

Mr. Nirupam Dhali,Adv.

Heard on : 06.07.2022 Judgment On : 06.07.2022.

Bibek Chaudhuri, J.

This is an application for expeditious disposal of Case No. N. 116 of 2021 now pending before the learned Special Judge, 6th Additional Sessions Judge at Barasat, North 24 Parganas on the ground that the accused/petitioner has been in custody since 8th September, 2021.

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 Ms. Sujata Das, learned advocate is requested

to assist this court. The appointment of Ms. Das be regularised by the Legal Remembrancer, Government of West Bengal, High Court, Calcutta.

It is already recorded that the petitioner was arrested on 8th September, 2021. Chargesheet has been filed on 16th December, 2021. During the said period, there was covid pandemic. Subsequently supplementary chargesheet has been filed on 5th May, 2022 and on 3rd June, 2022 the learned trial judge framed charge against the petitioner and trial of the case is fixed on 19th September, 2022 and 20th September, 2022.

For the reason of so-called lazy approach by the learned trial court, trial of the case is being delayed. Learned trial judge has taken prompt action in framing charge and fixing the date for trial. Therefore, the instant revision is disposed of directing the learned trial judge to ensure the appearance of the witnesses on the next date fixed and thereafter fix a schedule within the schedule as per the provision of Section 309(1) of the Code of Criminal Procedure and dispose of the case expeditiously without hampering the trial of other cases already on board.

The instant criminal revision is thus disposed of on contest with the above order.

No order as to costs.

(Bibek Chaudhuri, J.)