Azfar Sk v. State Of West Bengal And ORS

C.R.R. 2331 of 2021 Court No.

Item 40 ssi (via video conference) 01.12.

In the matter of:- Azfar Sk.

Mr. Imtiaz Ahmed Ms. Ghazala Firdaus Mr. Mofakkerul Islam Ms. Smita Saha Mr. Sk. Saidullam Mr. Arunima Mukhopadhyay Mr. Debopam Roy ...for the petitioner A certified copy of the latest order-sheet as filed on behalf of the petitioner is taken on record.

This is an application seeking an expeditious disposal of a proceeding in which a charge-sheet was submitted under Sections 302, 307, 324, 325, 326, 341 and 506 read with Section 34 of the Indian Penal Code Let a copy of this application be served upon Mr. Imran Ali and Ms. Sujata Das, 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 petitioner submits as follows. The petitioner is the defacto-complainant in this case and is the brother of the victim deceased. The victim was brutally murdered by the

accused. The petitioner lodged a First Information Report on 22.12.2018. A charge-sheet was submitted in this case on 13.03.2019. Initially some of the accused were absconding. However, at present, all the 24 accused have appeared and are on bail. The Learned Magistrate fixed the next date for commitment as 04.06.2022, after nearly ten months. A direction may be passed for preponing the date and expediting the proceeding.

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 proceeding. I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision and the certified copy of the order-sheet.

It does not appear that initially any delay was occasioned in conducting the proceeding. However, on 21.08.2021, an inordinately long date has been fixed for commitment of the case. Fixing date in a murder case after nearly about ten months is not acceptable. In view of the above and in the interest of justice, I request the learned Magistrate to expedite the proceeding by preponing the date to any date in the month of February, 2022 and thereafter, complete the process of commitment within a month from that date.

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.)