Subhasish Ghosh And ORS v. Debosree Ghosh And ANR

C.R.R. 2318 of 2021 Court No.

Item 23 ssi (via video conference) 24.11.

In the matter of:- Subhasish Ghosh & ors.

Mr. Supriyo Das ...for the petitioners Mr. Imran Ali Mr. MFA Begg ...for the State Liberty is granted to correct the cause title. This is an application seeking an expeditious disposal of a proceeding in which a charge-sheet was submitted under Sections 498A, 406, 376 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Let a copy of this application be served upon Mr. Imran Ali and Mr. MFA Begg, learned advocates, who are present in Court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the husband of the opposite party no.1 and the petitioner nos. 2 and 3 are her parents in law. The petitioner no.2 is about 90 years old against whom the opposite party has

leveled a charge under Section 376 of the Indian Penal Code. The petitioner no.1 is working at NHPC Ltd, which has related to the Defence. His job is a transferable one. Due to the pendency of the present proceeding, he is staying in Kolkata. Although the First Information Report was lodged on 21.03.2018 and a charge-sheet was submitted in October 2018, till date, the proceeding could be concluded. After commitment of the case on 16.09.2019, at least 9 days were fixed before the learned trial Court. Yet, even charges could not be framed. The learned Public Prosecutor remained absent therefore on a few occasions. In the interest of justice, the proceeding may be expedited.

Learned counsel appearing on behalf of the State submits that the State would not come in the way if a direction is passed to expedite the trial.

It appears that some delay has been occasioned in conducting the proceeding, especially after the date of commitment.

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 and more particularly, to decide the issue of framing of charge at the earliest, preferably within a period of three months 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.)