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Calcutta High CourtCRR/3114/2023disposed

Nasim Ali Mondal And Others v. State Of West Bengal And ANR

2023-08-25Hon'Ble Justice Tirthankar Ghosh2 pages

25.08.2023 Serial no. 26 [G.S.D] CRR 3114 of 2023 In the matter of : Nasim Ali Mondal & Ors.

... ... Petitioners Mr. A. Chakraborty ... For the Petitioners Learned Advocate appearing for the petitioners submits that he is aggrieved by the fact that the case was initiated in the year 2014 by way of Sonarpur P.S. Case No. 2083 of 2014 dated 25.12.2014.

It has been pointed out that the charge-sheet was prepared on 31st of March, 2015 and the record reflects that on 17th of July, 2023, the charge-sheet was submitted. Learned ACJM, Baruipur fixed date on 10th of October, 2023 for appearance and service return as also for taking of cognizance of the charge-sheet after appearance of the defefacto-complainant.

The record do not reflect any reason as to why a charge-sheet of the year 2015, should be placed for taking congnizance in the year 2023 i.e., after a period of eight years.

Having considered the fact that the next date has been fixed for appearance of the defacto-complainant and

for consideration on the issues of cognizance, I am not inclined to interfere with the orders, so passed, at this stage having regard to the delay, which has occasioned earlier. However, the petitioners would be at liberty to approach this Court after receipt of the documents under Section 207 of the Code of Criminal Procedure. With the above observations, CRR 3114 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.)