Goutam Mondal v. State Of West Bengal

15.03.2024 Serial no. 3 [G.S.D] CRR 111 of 2023 In the matter of : Goutam Mondal ... ... Petitioner Mr. D. Dandapath ... for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sayanti Santra ... for the State Earlier, this court passed a direction in CRR 3688 of 2018 vide order dated 22.4.2019. In spite of the same, I find that there was no effort for concluding the trial in spite of the case being of the year 2007.

It has been informed that the next date has been fixed on 16th of March, 2024 and 11 witnesses are available as is reflected from the report submitted by the Superintendent of Police, Barasat Police District. Since all the 11 witnesses are available and two of the witnesses are not available as is revealed from the report, the Superintendent of Police, Barasat Police District will ensure production of the witnesses on the date so fixed by the court. The ld. JM, 1st Court, Barasat will fix one date in a week for the purposes of the present case on and from 16th of March, 2024.

Needless to state that there was an earlier order passed by this court already. The said order was communicated but there was lack of efforts both on behalf of the prosecution and the court to conclude the trial. Having considered that more than 16 years have passed, I direct that all these 11 witnesses without any fail must be produced on the date fixed by the court. The ld. Trial court will also stick to the schedule being fixed one date in a week. The proceedings of this case will continue in spite of any resolution of the local Bar and the representative advocates on behalf of the parties will participate in the trial and will not take any efforts for stalling the proceedings. No unnecessarily adjournment be granted to any of the parties on any ground whatsoever. Ld.

Public Prosecutor conducting the case will produce materials, exhibits and documents in course of the trial from the investigating agency on the date so fixed for examination of the witnesses concerned. Further delay in the trial is bound to cause frustration in the criminal justice system. The ld trial court would ensure that the case is concluded at the earliest preferably by 30th of November, 2024.

With the aforesaid observations, CRR 111 of 2024 is disposed of.

Pending application, if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)