Shahbaz Ismail v. State Of West Bengal

14.03.2023 Court No.35 Item No. 43 D.Hira CRR 2026 of 2015 Shahbaz Ismail Vs.

The State of West Bengal None appears on behalf of either of the parties. This matter is pending in the list since 11.01.2023 and has been called on each day of working of this Court since that date. In spite of that no one is appearing. The petitioner is found to be not interest in this case. Therefore, the same is taken up today for disposal on merit. The petitioner moved the present case for an order of the Court ensuring speedy trial in respect of Sessions Case No. 84 of 2009, pending in the Court of Additional District and Sessions Judge, Fast Track 1st Court at Calcutta. The case was lodged under Sections 121/121A/122/123 read with Sections 120B of the I.P.C., 419. 467, 468, 471 of the Indian Penal Code, under Section 14 of the Foreigners Act and under Section 4 and 5 of the Explosives Substances Act (State Vs. Sbhbaz Ismail).

Since after lodging of the present revision case in 2015 sufficient time has already elapsed and the petitioner after the year 2015 has never been represented in the Court, it is found that the present case itself has become infructuous due to efflux of time. On perusal of the entire materials available on record and the grounds made up by the petitioner I am constrained to find that the grounds thereof are not sufficient and cogent enough to warrant this Court's interference into the impugned order. Hence, in my considered opinion the revision is liable to be dismissed. Criminal Revision being CRR 2026 of 2015 is dismissed.

All pending applications, if any, are consequently disposed of. Certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities. by RAI CHATTOPADHYA Y Date: 2023.03.14 16:18:18 +05'30'

RAI CHATTOP ADHYAY (Rai Chattopadhyay, J.)