ASHIM KUMAR ROY, J. - (1.) INVOKING Section 482 of the Code of Criminal Procedure, the petitioner has approached this court challenging an order whereby his prayer for discharge has been rejected by the learned Additional Chief Judicial Magistrate, Alipurduar in connection with G.R. Case No. 392/98 arising out of Madarihat Police Station Case No. 44/98 where he has been charge -sheeted under Sections 147/148/149/436/323/324/307/338/337/120B of the Indian Penal Code.
(2.) IT is submitted that during investigation, no material was collected, which may justify placing the petitioner in the trial and further it is contended that the matter is pending for more than 15 years, therefore the proceeding be quashed. This application is vehemently opposed by the learned advocate for the State and it is submitted that this is not an ordinary case but it is a case where many houses were set on fire and before that the inmates were assaulted and households articles were looted away. It is further submitted sufficient materials have been collected during investigation to show the involvement of the petitioner in the offences. I have given my anxious and thoughtful consideration to the rival submissions of the parties. Now going through the evidentiary materials collected during investigation, prima facie, I find that sufficient materials have been collected against them by the police. Therefore, the question of quashing does not at all arise.
(3.) ACCORDING to the learned advocate of the petitioner the charge - sheet has been submitted on June 11, 1999, but till date trial has not been commenced, if that be so, I direct the learned trial court to commence the trial within a month from this date and to finish it as expeditiously as possible preferably within ten months. It is further directed the trial must be proceeded strictly in terms of section 309 CrPC.;