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Calcutta High CourtCRR/2096/2019disposed

Susil Chandra Pal & ORS v. State Of West Bengal & ANR

2021-03-24Hon'Ble Justice Jay Sengupta2 pages

Sl No.14 24.03.2021 Ct. No.32 suvayan C.R.R. 2096 of 2019 In the matter of: Susil Chandra Pal & ors. ...petitioners Mr. Parvez Hossain Mr. Mujibar Ali Naskar ... for the petitioners.

Mr. Anwar Hossain Mr. Nirupam Dhali ... for the State.

This is application seeking an expeditious disposal of T.R. No. 13 of 2017, in which charge-sheet was submitted under Sections 307, 406 and 498A of the Penal Code. Learned Counsel appearing on behalf of the petitioners submits that although notices were sent to the State and the opposite party No. 2 as per the direction of this Court passed on January 21, 2020, due to the intervening lockdown, documents regarding service upon the other side have been misplaced.

The petitioner is directed to serve a copy of this application upon Mr. Anwar Hossain and Mr. Nirupam Dhali, learned Counsel, who are present in Court today and who ordinarily appear on behalf of the State. Their engagement be regularized by the competent authority of the State in due course.

Learned Counsel on behalf of the petitioners submits as follows. Although the FIR was lodged in 2016, the proceeding could not be concluded till date. In the chargesheet, eight prosecution witnesses were mentioned.

Charges were framed in 2017. Yet, till date only PW1 could be partly examined. On several dates the prosecution failed to adduce evidence. The matter has remained pending for no fault of the accused petitioners.

Learned Counsel appearing on behalf of the State submits that it will be in the interest of justice, if a direction is passed to expedite the proceeding. I have heard the submissions of the learned Counsels appearing on behalf of the petitioners and the State and have perused the revision petition.

No prejudice will be caused to anyone, if a direction is passed to expedite the proceeding.

It appears that some delay was occasioned in concluding the proceeding, especially considering of the fact that the charges were framed in 2017.

In view of the above and in the interest of justice, I request the learned Trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of one year from the next date of hearing. With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)