Abdul Bari Gazi v. State Of West Bengal

11.03.2024 Serial no. 5 [G.S.D] CRR 4914 of 2023 In the matter of : Abdul Bari Gazi ... ... Petitioner Mr. Sumanta Chakraborty Ms. K. Dutta ... for the petitioner Ms. Sayanti Santra ... for the State Report submitted by the ld. Advocate for the State be kept with the record.

The report reflects that the police authorities took steps in respect of the submission of death certificates of Hafija Bibi and Beauty Bibi.

There is no impediment for commitment of the case which is pending for more than 10 years. The circumstances, at present, has changed. The officer in charge of Minakhan P.S. is directed to issue notice to each of the accused persons to appear on the next date before the ld. Jurisdictional court so that commitment can take place on the same date after supply of copies.

Ld. Magistrate in seisin of the matter would take efforts for supply of the copies on the same date and the commitment of the case.

In case, any accused is absent on the next date so fixed for compliance of the directions of this court, the ld. Magistrate would straightforward cancel the bail of the accused persons.

More than ten years have passed, yet the commitment has not taken place for delaying the case in a designed manner. No further delay would be entertained after commitment.

The Ld. Sessions Court in seisin of the matter would take steps for consideration of the charges as early as possible preferably within days of the date of commitment of the case.

Thereafter, the ld. Trial court, if it is of the opinion that charge is to be framed and trial is to be proceeded, in that case, the trial court would fix a schedule consisting of three dates in a month 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 4914 of 2023 is dispose of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)