Sarbani Bhowmick Nee Roy v. State Of West Bengal And ORS.

June 12, 2023 AD -39 Ct. 34 SG CRR 3827 of 2022 Sarbani Bhowmick nee Roy -versus- The State of West Bengal and others Mr. Subhamoy Bhattacharya Mr. Shankar Mukherjee ... for the petitioner Mr. Imran Ali Ms. Debjani Sahu ... for the petitioner The petitioner is directed to serve a copy of the revisional application upon Mr. Imran Ali, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

The grievance of the petitioner is that Bongaon Police Station Case No.130 of 2016 dated 06.02.2016 was registered for investigation under Sections 498A/506/ 323/34 IPC. The investigating authority on conclusion of investigation submitted charge-sheet before the jurisdictional court in the year 2016 itself. The anxiety expressed by the petitioner is that till date charge has not been framed even after more than 7 years of charge-sheet being filed. The petitioner is the de facto

complainant and as such the anxiety expressed by her is justified.

Having regard to the fact that the next date has been fixed in the month of October, 2023, I direct that the learned Judicial Magistrate in seisin of the matter would fix a schedule of at least 2 dates and such schedule must be fixed on each and every 45 days after the stage of consideration of charge is over. As the next date is fixed on October, 2023, learned magistrate is directed to frame charges on the date so fixed or within 30th November, 2023. The dates for evidence or the schedule should be fixed on and from December, 2023 so that the trial of the case is completed within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties.

Learned Public Prosecutor conducting the case would make available all the necessary documents, statements, materials and exhibits on the date on which the witness would appear before the court. All stakeholders must cooperate with the court to complete the trial within a reasonable period of time.

With the aforesaid observations, CRR 3827 of 2022 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J. )