Disposed

Chadera @ Chandera Bibi Sekh v. State of West Bengal

Calcutta HC11 Feb 2021CRR/334/2021

Case brief

AI extract

What is this about?

This is an application seeking expeditious disposal of a session trial under IPC Section 302. The court directed the trial court to conclude the trial without unnecessary adjournments and decide the question of framing charges on the next date or within seven days.

What did the court decide?

Direction to the learned trial Court to conclude the trial expeditiously without unnecessary adjournments and decide framing of charges on the next date fixed or within seven days.

Chadera @ Chandera Bibi Sekh Vs State of West… — Criminal Trial and Appeal | Calcutta HC (2021)

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Court No. 32 Item 92 ssi 11.02. 2021

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C.R.R. 334 of 2021

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In the matter of:- Chadera @ Chandera Bibi Sekh

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Mr. Uday Sankar Chattopadhyay Mr. Santanu Maji Mr. Pronay Basak …for the petitioner

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Mr. Md. Anwar Hossain Mr. M.F.A. Begg …for the State

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This is an application seeking an expeditious disposal of a session trial, inter alia, under Section 302 of the Indian Penal Code.

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Let a copy of the application be served upon Mr. Md. Anwar Hossain and Mr. M.F.A. Begg, 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.

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Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the defacto-complainant in this case. Although the First Information Report was registered in 2014 and a charge sheet was submitted in the year 2015, till date, the proceeding could not be concluded. Even the charges have not been framed in this case. On 17.09.2018, this

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Court in W.P. No. 11328 of 2018 was pleased to pass an order directing protection of witnesses in connection with the present case as the accused were threatening the witnesses. There are 29 accused in this case. They have been praying for an adjournments taking turns. The next date was fixed as 22.03.2021 for framing of charges. The proceeding has remained pending for no fault of the present petitioner.

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Learned counsel appearing on behalf of the State submits that in the interest of justice, a direction may be passed for an expeditious disposal of the proceeding.

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I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

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No prejudice will be caused to any one, if a direction is passed to expedite the proceeding.

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It appears that an inordinate delay has been occasioned in the conclusion of the proceeding.

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In view of the above and in the interest of justice, I request the learned trial Court to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties and in particular, to decide the question of framing charges on the next date fixed i.e. on 22.03.2021 or within seven days from such date.

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With these observations, the revisional application

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is disposed of.

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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.

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(Jay Sengupta, J.)

Chadera @ Chandera Bibi Sekh v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Chadera @ Chandera Bibi Sekh v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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