M JAWAHARDEEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner herein whose anxiety is for expeditious disposal of his client's case from that of other co-accused persons. It appears from the record that the present petitioner appeared before the Court of learned Magistrate on 06.10.2000 in connection with this case; that he was released on bail on the aforesaid date; that thereafter the learned Magistrate fixed the matter on different dates and ultimately fixed 18.01.2007 for appearance of the petitioner including other co- accused person on bail and for furnishing execution report of warrant of arrest in respect of four absconder co-accused persons. It is also evident that in order to get the segregation of his trial with that of other co-accused persons, the petitioner herein filed an application before the Court of learned Magistrate on 07.04.2006 but for reasons best known to the learned Magistrate the said application was not heard on 17.07.2006 and 25.07.2006, although learned Magistrate fixed the aforesaid dates for hearing the application dated 07.04.2006.

(2.) Mr. Salim Mohammed, Additional Public Prosecutor appearing for the respondent-State with reference to the lower Court records in his usual fairness urged that on the face of the very old nature of the case including the allegation levelled against the petitioner and other co-accused persons, specific direction should be given to the learned Magistrate for expeditious disposal of the case in accordance with law.

(3.) The grievance of the petitioner seems to be that there has hardly been any progress worthmentioning despite issuing coercive process against the absconder-accused persons.