Shosi James Rozario vs The State Of West Bengal & Anr
2022 Latest Caselaw 4925 Cal

Form J(1)           IN THE HIGH COURT AT CALCUTTA
                       Criminal Revisional Jurisdiction
                                 Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                          C.R.R. 1991 of 2022

                           Shosi James Rozario
                                    Vs.
                      The State of West Bengal & Anr.

For the petitioner         : Mr. Susnigdho Bhattacharyya, Adv.

For the State             : Mr. Aniket Mitra, Adv.

Heard on                   : 01.08.2022

Judgment On                : 01.08.2022.


Bibek Chaudhuri, J.

This is an application for expeditious disposal of G.R. Case

No.1207 of 2018 filed by the petitioner/accused. It is submitted by

the learned Advocate for the petitioner that on 12 th July, 2018 charge-

sheet was submitted by the Investigating Officer under Sections

417/419/464/465/468/471 of the Indian Penal Code read with Section

14 of the Foreigners Act before the learned Additional Chief Judicial

Magistrate at Bongaon.

On filing of such charge-sheet, G.R. Case No.1207 of 2018 was

instituted.

It is submitted by the learned Advocate for the

accused/petitioner that though charge-sheet was filed in the year

2018, till date the Trial Court could not frame charge against the

accused. The accused is an Indian citizen. In support of such

contention, the learned Advocate for the petitioner has filed a

supplementary affidavit annexing all relevant documents to prove his

citizenship of this Country. Thus, the petitioner wants expeditious

disposal of the case.

Considering the nature of the application and prayer made on

behalf of the accused, this Court is of the view that the instant

revision can be disposed of here and now with the assistance of the

learned Public Prosecutor-in-Charge.

Mr. Aniket Mitra, learned Public Prosecutor-in-Charge is

requested to assist this Court on behalf of the State. Appointment of

Mr. Aniket Mitra be regularized by the learned Legal Remembrancer,

Government of West Bengal.

It is unfortunate to note that the learned Additional Chief

Judicial Magistrate, Bongaon has not found time during last four years

to even frame charge against the accused in connection with G.R.Case

No.1207 of 2018. There is absolutely no explanation as to why there

was such inordinate delay in consideration of charge against the

accused.

For the reasons stated above, learned Additional Chief Judicial

Magistrate, Bongaon is directed to take up G.R. Case No.1207 of 2018

for hearing on the point of consideration of charge within 3 weeks

from the date of communication of the order. The learned Advocate

for the petitioner is at liberty to communicate this order obtaining

server copy of the same.

The instant revision, is, thus, disposed of with the above

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.110..

D/L.