Xxx Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Xxx Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction upon the court below for expeditious disposal of Special case no. 147 of 2022: service of copy under Section 207 of the Code of Criminal Procedure upon the accused persons or their authorized representatives preferably within 30 days from the next date of hearing, charge hearing preferably within 60 days thereafter, and permission to split the record in respect of absconding accused, if any; service of copy of the instant application upon the opposite parties dispensed with.

Issue for consideration

Whether the Trial Court should be directed to expeditiously dispose of Special case no. 147 of 2022 pending before the learned Special Judge-cum-Additional Sessions Judge, 2nd Court, Alipore, given the prolonged pendency without service of copies or framing of charge.

Court's answer

Having considered that the case has been pending for trial for a considerable period, the Court finds the petitioner's prayer justified and required to be allowed for the ends of justice.

Ratio / Principle

Since the prayer is innocuous and the opposite parties would have no cause for prejudice if allowed, service of copy of the application upon the opposite parties is dispensed with.

Key takeaways

CRR 3503 of 2025 is disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the case.ratio¶12
The court below is directed to make best effort to serve copy under Section 207 of the Code of Criminal Procedure upon the accused persons or their authorized representatives, preferably within 30 days from the next date of hearing.ratio¶12
The court below is further requested to hold the charge hearing preferably within 60 days thereafter, and for that purpose the record may be split in respect of any absconding accused.

Detailed headnote1 paragraphs

Order dated 2.12.2025 of Dr. Ajoy Kumar Mukherjee, J., disposing of CRR 3503 of 2025, in which the petitioner sought a direction to the Trial Court for expeditious disposal of Special case no. 147 of 2022 pending before the learned Special Judge-cum-Additional Sessions Judge, 2nd Court, Alipore. The case, instituted on 25th May, 2022, with a chargesheet submitted against four accused persons on 14th September, 2022, had seen neither service of copies upon the accused nor framing of charge, the next date being fixed on 11th December, 2025. Finding the prayer innocuous and justified for the ends of justice, the Court dispensed with service of the application upon the opposite parties, disposed of CRR 3503 of 2025, and directed the court below to make every endeavour for expeditious disposal, to serve copy under Section 207 of the Code of Criminal Procedure upon the accused or their authorized representatives preferably within 30 days from the next date of hearing, to hold the charge hearing preferably within 60 days thereafter, and to split the record in respect of any absconding accused.

2.12.2025 22 SB

CRR 3503 of 2025

XXX Vs.

The State of West Bengal & Ors.

Mr. Md. Karim Warsi Mr. Md. Arif Ansari

Mr. Md. Rahim Waris …for the Petitioner

This is an application wherein the petitioner has prayed for a direction upon the Trial court for expeditious disposal of the Special case no. 147 of 2022, presently pending before the learned Special Judge-cum-learned Additional Sessions Judge, 2^nd Court, Alipore.

It is submitted on behalf of the petitioner that the case was instituted on 25^th May, 2022 and thereafter, the chargesheet was submitted against four accused persons on 14^th September, 2022. Thereafter, the Trial court is fixing the date one after another for supply of copy and appearance of the four accused persons but neither the copy has been served upon the accused persons as yet nor the charge has been framed and the next date is fixed on 11^th December, 2025.

Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and therefore the service of copy of application upon the opposite parties is hereby dispensed with.

2

Having considered the submissions made by learned counsel for the petitioner that the case is pending for trial for a considerable period of time, I find that the prayer made by the petitioner is justified and required to be allowed for the ends of justice.

In such view of the matter, CRR 3503 of 2025 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the case and to make best effort to serve copy under Section 207 of the Code of Criminal Procedure upon the accused persons or their authorized representatives, preferably within a period of 30 days from the next date of hearing and the court below is further requested to make charge hearing preferably within a period of 60 days thereafter and for that purpose record may be splitted in respect of absconding accused, if any.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)