Firjoj Sardar v. State Of West Bengal

29.12.2022 TN/ct 05 CRR 4803 of 2022 sl no. 07 In Re : An application under Sections 401 and 482 of the Code of Criminal Procedure, 1973.

And In Re : Firoj Sardar ........ petitioner Mr. Sumanta Chakraborty ...... for the petitioner Mr. Swapan Banerjee, Ld. PP-in-charge, Mr. Suman De, Mr. Pratick Bose ...... for the State Learned Advocate for the petitioner is present. As service of copy could not be caused upon the learned Public Prosecutor, Mr. Swapan Banerjee, learned PP-in-charge, Mr. Suman De and Mr. Pratick Bose, learned Advocates who are present in Court are requested to appear in this matter on behalf of the State respondent. Their appearances may be regularized by the concerned authority.

Learned Advocate for the petitioner submits that the petitioner is in custody from 3rd April, 2022 in connection with Case No. N-46 of 2022 pending before the Court of learned Sixth Additional District and Sessions Judge at Barasat. Learned Advocate further submits that although date is fixed for production of supplementary charge-sheet and chemical report, but are not yet submitted by the Investigating Officer. Due to non-submission of supplementary charge-sheet and chemical report, the trial could not be commenced. Learned Advocate submits that as his client is

in custody for a long period, let there be a direction for expeditious disposal of the case.

Upon perusing the above and considering the materials on record, this Court is of the view that as the petitioner is in custody from April, 2022, there should be expeditious disposal of N-46 of 2022. Thus, the learned Additional Sessions Judge, Sixth Court at Barasat is requested to see that there is no further delay of submission of supplementary charge-sheet and chemical report, if any, beyond 24.01.2023. The learned Judge is further requested to dispose of the said case within six months from the next date fixed. The learned Advocate for the petitioner is requested to communicate this order passed by this Court prior to 24.01.2023. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Biswaroop Chowdhury, J.)