Imtiaz Mohammed v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 06-05-2024 Subha Item no. 34 Ct no.34 CRR 3482 of 2023 Imtiaz Mohammed -versus- The State of West Bengal and Anr.

Ms. Sana Naaz ....for the petitioner.

Mr. Arijit Ganguly ....for the State.

Mr. Zohaib Rauf Mr. Md. Siraj Munir Mr. Md. Younus Sultan ....for the opposite party no.2.

The revisional application was preferred challenging the order dated 23-08-2023 passed by the learned District and Sessions Judge, Alipore in Criminal Appeal No. 193 of 2023 wherein the present petitioner being aggrieved by the order dated 15-06-2023 passed by the learned Judicial Magistrate, 9th court, Alipore in C. Case No. C-3700 of 2019 preferred an appeal.

The appellate court by the said order dated 23-08-2023 was pleased to grant an interim order subject to payment of Rs.10,000/- per month. Against the said order the petitioner has preferred the present revisional application.

Having regard to the fact that the appeal is still pending and the merits of the same are yet to be considered by the appellate court, I am of the view that the purpose of the petitioner would be served if the criminal appeal is disposed of within a scheduled period of time. Accordingly, I direct that the learned Sessions Judge in charge or the learned appellate

court so designated would dispose of the appeal within a period of 60 days from the date of the communication of this order. The appellate court in seisin of the matter would be at liberty to fix as many number of dates it thinks fit and proper for hearing of the criminal appeal but will not stretch the timeline beyond the period of sixty days. It is further directed that the hearing of the appeal would continue on the date so fixed by the learned appellate court in spite of the resolution of the local Bar and none of the participating advocates would stall the proceedings because of such resolution.

With the aforesaid observations, the revisional application being CRR 3482 of 2023 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]