Gaffar Ali Laskar v. State Of West Bengal And ORS.
23.08.2023 Serial no. 66 [G.S.D] CRR 3057 of 2023 In the matter of : Gaffar Ali Laskar ... ... Petitioner Mr. S. Maji Mr. Pradyut Ghosh ... For the Petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ... For the State The petitioner is directed to serve a copy of this revisional application upon Ms. Ratna Ghosh, Learned Advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority. The petitioner is the complainant, who set the criminal law into motion in respect of the alleged offence under Sections 498A/304B/34 of the IPC. Pursuant to the charge-sheet submitted, the case was committed to the Court of Sessions and the charge-sheet reflects that S.C. No. 20(8) 17 was registered by the Learned Sessions Judge. However, the grievance of the petitioner is that, till date, charge has not been framed by the Learned Sessions Court.
Having regard to the fact that the petitioner initiated the case in the year 2016 and after seven years, even the charge has not been framed, I direct the Learned Trial Court
to frame the charge on the next date so fixed or within a month thereafter. No unnecessary adjournment shall be granted to either of the parties or any resolution of the local Bar Association would effect the progress of the case. The Trial Court would be at liberty to seek assistance from any superior officer of the concerned P.S., in case, there is non-cooperation from any witness.
It is also reiterated that in case, if any accused, do not appear on the date so fixed for consideration of charges and the Learned Trial Court feels that the same has been purposefully or intentionally designed to delay the proceedings, the Learned Trial Court would be at liberty to cancel the bail of the concerned accused.
A schedule be fixed consisting of three dates and such schedule should also be fixed once in every month so that the trial of the case should reach to its logical conclusion within a reasonable period of time. The Learned Public Prosecutor appearing in this case would produce the materials, documents and exhibits when the witness appears. All stakeholders are directed to cooperate with the Trial Court for taking the case to its logical conclusion.
With the aforesaid observations, CRR 3057 of 2023 is disposed of.
Pending application, if any, is also disposed of.
Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)