G M Abdur Reza v. State Of West Bengal And ANR

CRR 2478 of 2021 Court No.

Item 24 tbsr In the matter of:- G.M. Abdur Reza 25.04.

Mr. Narayan Ch. Mondal Mr. Chandn Chakraborty Ms. Anushika Bharati .....for the petitioner Mr. Swapan Banerjee Md. Kutub Uddin .....for the State This is an application seeking an expeditious disposal of a proceeding in which a charge sheet under Sections 406, 420, 468 and 471 of the Penal Code.

Let a copy of this application be served upon Mr. Swapan Banerjee and Mr. Kutub Uddin, 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. The petitioner is the de facto complainant in this case. He lodged an FIR by filing an application under Section 156(3) of the Code in March, 2019. A charge sheet was submitted on 10.12.2019. A date was fixed for framing of charge on 31.03.2020. Several dates were fixed for framing of charge. Yet, even charges could not be framed in this case. The matter has remained pending for no fault of the present petitioner.

Learned counsel for the State submits that no inordinate delay has been occasioned in this case.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

It appears that the FIR was lodged in April, 2019 and the charge sheet was submitted in December, 2019. It is true that some delay was occasioned after fixing a date for framing of charge. However, in the meantime, Covid-19 pandemic had intervened.

In view of the above, I do not find that an inordinate delay has been occasioned in this case.

However, it is expected that learned trial court would conclude the proceeding as expeditiously as possible and in particular, decide the issue of framing of charges at the earliest.

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.)