Calcutta High CourtCRR/1824/2021disposed

Abdul Aziz v. State Of West Bengal

2021-09-16Hon'Ble Justice Kausik Chanda2 pages

16.09.2021 Ct.35 AKG CRR 1824 of 2021 (Through Video Conference) In Re: - An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973.

And In the matter of: Abdul Aziz .... Petitioner Mr. Sabir Ahmed, Mr. Mujibar Ali Naskar, Mr. Shraman Sarkar, Mr. Apan Saha ...For the Petitioner Ms. Sukanya Bhattacharyya, Md. Kutubuddin ...For the State Ms. Sukanya Bhattacharyya, learned advocate, is requested to appear for the State in this case.

Let the appointment of Ms. Sukanya Bhattacharyya be regularized.

It is the grievance of the petitioner, that though the records of the case relating to G.R. No. 2190 of 2011, under Sections 467/468/471/472/120B of the Indian Penal Code, 1860 was transmitted to the Court of the learned Judicial Magistrate, 2nd Court, Malda, on June 5, 2015. Till date, the charge hearing has not taken place.

It has been submitted by the learned advocate for the petitioner/de-facto complainant, that the accused persons are adopting dilatory tactics to delay the trial by remaining absent on the date of charge hearing.

It has further been pointed out that the matter was taken up for hearing on January 16, 2021, when the learned Magistrate fixed the hearing of the case on January 5, 2022.

It appears that the charge hearing has been delayed because of the absence of the accused persons.

In view of the long delay in concluding the charge hearing, this revisional application is disposed of with a direction upon the learned Magistrate in the Court below to make an endeavour to conclude the charge hearing within a period of six months from the date without granting any unnecessary adjournment to either of the parties. The learned Magistrate shall also prepone the next date of hearing which is fixed on January 5, 2022, for passing necessary order to secure the presence of the accused persons. CRR 1824 of 2021 is disposed of.

All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)