Eyakub Molla @ Yakub Molla @ Yaqub ... vs The State Of West Bengal
2021 Latest Caselaw 1560 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta

C.R.R. 514 of 2021

Eyakub Molla @ Yakub Molla @ Yaqub Ali Molla

-vs-

                 The State of West Bengal

For the Petitioner      : Mr. Shashanka Shekhar Saha


For the State           : Mr. Imran Ali
                          Mr. Pratick Bose


Heard on                : 25.02.2021


Judgment on             : 25.02.2021



Jay Sengupta, J.:

Leave is granted to amend the cause title.

This is an application seeking an expeditious disposal

of a proceeding in which a charge-sheet was submitted

under Sections 302, 304B, 406, 498A read with Section 34

of the Indian Penal Code and Sections 3 and 4 of the Dowry

Prohibition Act.

Let a copy of the application be served upon Mr.

Imran Ali and Mr. Pratick Bose, learned advocates, who are

present in court today and who ordinarily appear on behalf

of the State. Their engagement may be regularised in due

course by the competent authority of the State.

Learned counsel appearing on behalf of the petitioner

submits as follows. The petitioner is the defacto-

complainant of the case and the father of the victim lady.

Although the First Information Report was lodged in 2017

and a charge-sheet was submitted in February, 2018, till

date the proceeding could not be concluded. The case was

committed to the Sessions on 01.11.2019. At least five dates

were fixed for framing of charges. But, the same could not

be done. After obtaining bail, the accused have prayed for

adjournments on a number of occasions. The next date for

framing of charges has been fixed as 2nd March, 2021. The

proceeding has remained pending for no fault of the present

petitioner.

Learned counsel appearing on behalf of the State

submits that it would be in the interest of justice if a

direction is passed to expedite the proceeding.

I have heard the submissions of the learned counsels

appearing on behalf of the petitioner and the State and have

perused the revision petition.

No prejudice will be caused to anyone if a direction is

passed to expedite the proceeding.

It appears that some delay has been occasioned in

concluding the proceeding, especially after the matter was

committed to the Sessions.

In view of the above and in the interest of justice, I

request the learned trial Court to conclude the proceeding

as expeditiously as possible without granting any

unnecessary adjournment to any of the parties and in

particular, to decide the issue of framing of charges at the

earliest, preferably on the next date fixed for framing of

charge or at least within 15 days from then.

With these observations, the revisional application is

disposed of.

Urgent photostat certified copies of this order may be

delivered to the learned Advocates for the parties, if applied

for, upon compliance of all formalities.

(Jay Sengupta, J.)

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