Rahul Agarwal v. State Of West Bengal And ORS.

C.R.R.3921 of 2023 D/L9 01.12.2023 Bpg.

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

Rahul Agarwal

Versus

The State of West Bengal and others Ms. Chandrani Bhattacharya.

...for the petitioner.

Mr. Arijit Ganguly.

...for the State.

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

The subject matter relates to Kharagpur Town P.S. Case No.192 of 2018 wherein charge-sheet has already been submitted. Last of the order-sheet reflects that some of the accused persons are yet to participate in the proceedings and the warrant of arrest against them are pending.

Accordingly, State would ensure that within a month from the date of communication of the order before the learned CJM, Paschim Medinipur steps are taken for execution of warrant of arrest and report be submitted before the court in respect of the accused persons who are not present before the court. The learned trial court would thereafter exercise his option under Section 82 of the Code of Criminal Procedure, exhaust the process for compelling the appearance of persons who have been accused in the case.

Thereafter, split up the trial, if required and/or proceed for consideration of charges preferably by 31st May, 2024. The learned trial court would thereafter expedite the process of trial so that the complainant who has come to court is not unnecessarily harassed. With the aforesaid observations, CRR 3921 of 2023 is disposed of.

Pending connected 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)