Samad Mondal And Others v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 4543 of 2022 Samad Mondal alias Abdur Samad Mondal & Ors.

-VsThe State of West Bengal & Anr.

For the Petitioners: Mr. Angshuman Chakraborty, Adv Mr. Shashanka Shekhar Saha, Adv.,, For the State: Ms. Pritha Paul, Adv. Heard on: 16th January, 2023.

Judgment on: 16th January, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of G.R. Case No. 2123 of 2002 arising out of Deganga Police Station Case No. 183 of 2002 dated 9th December, 2002 under Section 326/34 of the Indian Penal Code presently pending before the learned Chief Judicial Magistrate, Barasat. 2.

On perusal of averment made in the instant revision and having heard the learned Advocate for the petitioners this Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned Advocate for the state. Accordingly, Ms. Pritha Paul learned Advocate is requested to assist this Court on behalf of the state. Appointment of Ms. Pritha Paul learned advocate be regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioners that the case was initiated on the basis of a written complaint made by one Nur Islam before the Officer in Charge of Deganga Police Station against the petitioners. After initiation of the aforesaid case the petitioners were arrested and granted bail by the learned court below. After completion of investigation chargesheet was submitted being no. 9 of 2002 dated 23rd January, 2003 under Section 326/ 34 of the IPC against the petitioner and one Salam Mondal. Thereafter the case was transferred to the Learned Chief Judicial Magistrate, Barasat for framing charge and in the meantime one of the co accused Salam Mondal died. Report was called for but till date no report has been produced before the court below and charge was not framed till date. The next date was fixed on 9th December, 2022 for death report.

4.

Under such circumstances, petitioners have prayed for expeditious disposal of the case.

5.

In view of such circumstances, the instant revision is disposed of directing the trial court to conclude the trial within April, 2023 and dispose of the above mentioned case as expeditiously as possible within May 2023.

6.

With the above direction the instant revision is disposed of. (Bibek Chaudhuri, J.)