Disposed

Habibur Molla @ Habibur Rahaman Molla v. State of West Bengal

Calcutta HC18 Mar 2021CRR/623/2020

Case brief

AI extract

What is this about?

This revision petitions sought expeditious disposal of a criminal trial where the petitioner remained in custody since June 2019. The High Court directed the Trial Court to frame charges within three months of the upcoming hearing.

What did the court decide?

Requested the Trial Court to conclude proceedings expeditiously and decide the framing of charge within three months from the next hearing date.

Habibur Molla @ Habibur Rahaman Molla Vs State of… — Criminal Trial and Appeal | Calcutta HC (2021)

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18.03.2021 16 SB Ct. No.32

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CRR 623 of 2020

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In the matter of : Habibur Molla @ Habibur Rahaman Molla

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Ms. Sonali Das Ms. Debjani Sahu …. For the petitioner Mr. Arijit Ganguly Mr. M.F.A. Begg …. For the State

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This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under sections 379, 411,413 and 414 of the Penal Code, Section 14 of the Foreigner Act and Sections 21(c) and 29 of the NDPS Act.

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Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner is an accused in this case. He is in custody from since 17.06.2019. Although the case was started in June 2019 and the charge sheet was submitted in July 2019 till date the proceeding could not be completed. The next date is fixed as 13.04.2021 for appearance and submission to the chemical report. The proceeding has been remained pending for no fault on the part of the petitioner.

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Learned counsel appearing on behalf of the State submits that a report is filed by the Investigating Officer of the case, which is taken on record. He further submits that the chemical report has already been obtained from the State Drug Control Research Laboratory and a supplementary charge sheet would be filed on the next date of hearing.

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I have heard the submissions of the learned counsels of the parties and have perused the revision petition.

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It appears that some delay was occasioned in concluding the proceeding, especially considering the fact the petitioners are in custody from 17.06.2019.

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However, according to the learned counsel for the State the chemical report has already been obtained and a supplementary charge sheet would be filed on the next date of hearing.

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In view of 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 question of framing of charge within three months from the next date of hearing.

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With these observations, the revision is disposed of.

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Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings.

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(Jay Sengupta, J.)

Habibur Molla @ Habibur Rahaman Molla v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Habibur Molla @ Habibur Rahaman Molla v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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