Mukund Kumar Agarwala v. State Of West Bengal And ORS.

C.R.R.3724 of 2022 D/L67 20.09.2023 Bpg.

In Re: An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973;

Mukund Kumar Agarwala

Versus

The State of West Bengal and others Mr. Pawan Kr. Gupta Mr. Manish Shukla Ms. Sofia Nesar Mr. Santanu Sett.

...for the petitioner.

Mr. Goutam Wilson.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Goutam Wilson, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

Petitioner is a de facto complainant of the case and is aggrieved by the manner in which case has been progressing in connection with the instant case before the learned ACJM, Bidhannagar, North 24 Parganas.

Learned advocate submits that till date after 34 months the document under Section 207 of the Code of Criminal Procedure has not been supplied to the accused persons. As such, charge could not be framed.

Having regard to the agony expressed by the petitioner, I direct that the learned ACJM, Bidhannagar, North 24 Paganas

would take steps for supply of the copies on the next date so fixed or within a month thereafter. Learned trial court would thereafter fix date for consideration of charges and if after consideration of charges, the learned trial court is of the opinion that the trial should continue, in that case the learned trial court would fix at least one date in every two months so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. With the aforesaid observations, CRR 3724 of 2022 is disposed of.

Pending applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)