Prasad Pramanik @ Ram Prosad Pramanik v. State Of West Bengal

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 274 of 2023 Prasad Pramanik @ Ram Prosad Pramanik Vs.

State of West Bengal For the petitioner :

Mr. Dhruba Mukherjee, Mr. Asraf Mandal, Mr. Ajit Kumar Barman, Ms. Debjani Roy Choudhuri.

For the State :

Mr. P. Bhattacharya, Mr. Mirza Firoj Ahmed Begg.

Judgement on :

29.03.2023.

Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court for expeditious disposal of Sessions Case No. 12(05)/2017 under Sections 448/325/307/506/34 of the Indian Penal Code.

Having heard the learned Advocate for the petitioner this Court is of the opinion that the instant revision can be disposed of with the assistance of the learned Advocate on behalf of the State. Therefore, Mr. Mirza Firoj Ahmed Begg is requested to assist this Court on behalf of the State of West Bengal. The learned Advocate for the petitioner is requested to supply a copy of the application to the learned

Advocate for the State. The application is taken up for hearing. It reflects from the record that the case was committed to the Court of Sessions on 5th May, 2017. Subsequently, charge was framed and out of twelve witnesses only four witnesses have been examined by the Trial Court till date. It is unfortunate to note that during the period of more than five years the learned Additional Sessions Judge, Tehatta, Nadia failed to examine all the charge-sheeted witnesses. Previously also this Court in CRR/20/2020 directed the Trial Court to take all efforts for concluding the trial within reasonable period of time. However, trial has not been concluded.

Under such circumstances, time has arrived when specific direction is required to be made directing the Trial Court to conclude of the trial of the case within six months from the date of communication of this order positively. The learned Trial Judge is also directed to arrive at the logical conclusion of the case after trial and examination of the accused under Section 313 of the Code of Criminal Procedure within one month thereafter.

With the above direction, the instant revision is disposed of. (Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 171.