Suresh Dubey v. State Of West Bengal & ORS

CRR 2425 of 2015 With CRR 823 of 2022 Court No.

Item 275 & 276 tbsr In the matter of:- Suresh Dubey 11.05.

Ms. Afreen Begum .....for the petitioner Mr. Imran Ali Mrs. Ayantika Roy .....for the State Re: CRR 2425 of 2015 Learned counsel appearing on behalf of the petitioner submits as follows. This is an application for transfer of a proceeding. However, in the meantime trial has already commenced. In view of the same, the petitioner would not like to press this application. Accordingly, on the prayer of the learned counsel for the petitioner, the revisional application is dismissed as not pressed.

Re: CRR 823 of 2022 This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Sections 201, 302 and 498A of the Penal Code.

Let a copy of this application be served Mr. Imran Ali and Mrs. Ayantika Roy, learned counsels, 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. Although the FIR was lodged on 04.12.1999 and a charge sheet was submitted on 08.04.2002, till date the proceeding could not be concluded. On 21st September, 2016 charges were framed. The prosecution intends to examine 28 witnesses in this case. In spite of this, till date only 2 witnesses could be examined. The proceeding has remained pending for no fault of the present petitioner. Learned counsel for the State submits that the State would not come in the way if a direction is passed to expedite the trial.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner 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 an inordinate delay has taken place in concluding the proceeding, especially considering the fact that the FIR was registered way back in 1999. 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 by fixing dates in terms of Section 309 of the Code of

Criminal Procedure, 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 copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)