Bilai @ Priyankar Manna v. State Of West Bengal And ANR

C.R.R.2884 of 2022 D/L3 13.07.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Sri Bilai @ Priyankar Manna

Versus

The State of West Bengal and another Ms. Sujata Das.

...for the State.

The present petitioner has approached this Court challenging the proceedings arising out of Bagnan Police Station Case No.67 of 2019 dated 19th February, 2019 wherein chargesheet was submitted under Sections 498A/304B/406/34 of the Indian Penal Code and is pending before the learned Additional District and Sessions Judge, 2nd Court at Uluberia, Howrah. Earlier, a report was called for through Ms. Sujata Das, learned advocate appearing for the State. Learned advocate for the State was directed to submit as to why the case which was initiated in the year 2019 did not progress till date. Learned advocate submitted a report which has been forwarded by the Inspector-inCharge of Bagnan Police Station which reflects that on 11.01.2023 date was fixed for consideration of charges but the accused persons were absent on the said date. Further, the learned public prosecutor was also absent on the said date and the next date has been fixed on 23rd August, 2023.

Let the report be kept with the record.

Having considered the fact that there is a casual

approach both of the prosecution and the accused persons in respect of the present case, I direct that the learned Additional District and Sessions Judge, Uluberia, Howrah on the next date will complete the process relating to the stage of consideration of charges. In case any of the accused persons are absent, the learned trial court would grant one more date within a week and if the accused do not co-operate modify the order of bail earlier granted. If the public prosecutor conducting the case is also reluctant to appear or otherwise shows his business then the learned trial court would immediately send notice to the Legal Remembrancer/Judicial Secretary for engagement of a new public prosecutor. No unnecessary delay should be encouraged at the instance of either of the parties. Learned trial court would thereafter fix at least one schedule in a month to conclude the trial within a reasonable period of time.

With the aforesaid observations, CRR 2884 of 2022 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)