Xxx v. State Of West Bengal And ANR
11.09.2025 Item No.18 Ct. No. 446 KS C.R.R. 3725 of 2025 In the matter of: XXX ...... Petitioner Mr. Debashis Banerjee Mr. Rakesh Jana ....For the Petitioner
1. This instant criminal revisional application has been filed by the petitioner under Section 528 read with Section 529 of the B.N.S.S., 2023 for expeditious disposal of the trial in connection with POCSO Case No.14/2022 arising out of Goghat Police Station Case No.256 of 2022 dated 14th September, 2022 under Sections 376(3)/ 354A(iii)/ 506/ 509 of the Indian Penal Code read with Section 4(2) and 10 of the POCSO Act, 2012 is pending before the Court of learned Additional Sessions Judge and Special Judge, POCSO Act at Arambagh, Hooghly.
2. It is submitted by the learned advocate appearing for the petitioner that on the basis of the complaint submitted by the petitioner, the instant criminal proceeding was initiated against the opposite party no.2 and after completion of investigation, charge-sheet has been submitted on 11.11.2022. Subsequently, the case was registered as POCSO Case No.14/2022 and cognizance of the charge-sheet was taken on November 11, 2022. After the charge was framed on January 21, 2023, the trial commenced and since then, out of 20 witnesses 6 witnesses have been examined in full.
3. It is also submitted that the opposite party nos.2 has been enlarged on bail and has renewed his prayer for bail and he has been prevented from entering into the jurisdiction of the Goghat Police Station. However, despite that the petitioner found the opposite party no.2 within the jurisdiction of the Goghat Police Station and he has been threatened by the opposite party no.2 and he has already informed the Goghat Police
Station about the incident. But, to the utter shock and surprise, he and his wife have already arrived at the Police Station and subsequently, the petitioner has submitted a detailed written complaint requesting for lawful action on the basis of which, the General Diary Entry No.1215 dated 19.09.2024 has been handed over. Subsequently, two Supplementary Charge-sheets dated 22nd January, 2024 and 30th March, 2024 have been filed, which were formally taken on record. Therefore, the petitioner is very much apprehensive and hence, come before this Court with a direction upon the learned Trial Court for expeditious hearing.
4. Having heard the learned advocate appearing for the petitioner and on a careful perusal of the materials on record as well as certified copy of the order-sheets, as placed before this Court, prima facie, it reveals that the evidence has started and the last date was fixed on 28th July, 2025 for appearance and evidence of CSW 5, 8 and 9. It appears from the previous order that on several occasions, CSW 5, 8 and 9 despite receiving the summon have not turned up, however, no such order is passed by the learned Court against those witnesses. It further transpires that because of non-appearance of the said witnesses, there is a delay in disposal of the case.
5. In view of the above facts and circumstances, the learned Court is directed to make all endeavour to dispose of the entire trial of the case as expeditiously as possible without granting any unnecessary adjournment to either of the parties and taking all such appropriate steps, which may cause hindrance in disposal of the case expeditiously. Since, the matter relates to POCSO trial of the evidence of witnesses are going on, it is expected that the learned Court will take all necessary steps for
expeditious disposal of the case and hence no outer limit of the trial is granted.
6. In view of the above observation, the instant criminal revisional application stands disposed of.
7. Let a copy of this order be sent to the learned Trial Court for necessary information and compliance.
8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(CHAITALI CHATTERJEE (DAS), J.)