AFJAL ALI SHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The respondent no. 5 Anisur Rahaman and others were undergoing trial, inter alia for the alleged murder of one Kurban Sha. Charges had been framed on March 13, 2020 by the Additional Sessions Judge, Third Court at Tamluk, Purba Medinipur under Ss. 302 and 120B of the Indian Penal Code and under Ss. 25 and 27 of the Arms Act. The case was registered as Sessions Case No. 33 of 2020. The original writ petitioner, one Jahar Sha, who was the nephew of the deceased and the de facto complainant, had preferred an application under Article 227 of the Constitution of India, giving rise to C.R.R. No. 1395 of 2020, seeking expeditious trial. Vide Order dated October 6, 2020, a co-ordinate Bench of this Court disposed of the same by directing expeditious hearing.

(2.) Subsequently, vide Memo No. 1188-C/RO/W-14/2021 dated February 26, 2021 the Government of West Bengal, through the Legal Remembrancer and Ex-officio Secretary to the Government of West Bengal, Judicial Department, instructed the concerned Public Prosecutor conducting Sessions Case No. 33 of 2020 to withdraw the same under the provisions of Sec. 321 of the Code of Criminal Procedure.

(3.) The de facto complainant Jahar Sha filed the instant writ petition challenging the said memo and asking for consequential reliefs. Vide Order dated March 2, 2021, the writ petition was disposed of by setting aside the impugned memorandum as well as the consequential action taken in the meantime pursuant to such memorandum by the Public Prosecutor and the order passed by the Additional District and Sessions Judge, Third Court at Tamluk, Purba Medinipore.