Smt Sima Roy v. State Of West Bengal And ANR

22.02.2021 Mithun Sl. No.12.

D/L.

Ct.No.42 CRR/439/2021 Smt. Sima Roy Vs.

State of West Bengal & Anr.

Mr. Pradyat Saha, Adv.

...the Petitioner.

Md.Anwar Hossain, Adv.

...for the State.

The Court is approached under Section 482 Cr.P.C. for expeditious disposal of the Sessions Case, now pending in the Court of the learned Additional Sessions Judge, 5th Court, Howrah in S.T. Case No.431 of 2015.

Mr.Saha, learned Advocate representing the petitioner submits that the progress of the trial is very poor causing serious prejudice to the petitioner. Mr. Saha proposes a direction to be recorded in this case ensuring expeditious disposal of the pending sessions case.

Charge has been framed in this case in 2016.

Mr. Hossain, learned Advocate representing the State submits that the Court has already collected evidence of two witnesses and out of which P.W.2 is lying

deferred by reason of an application being filed by the defence under Section 231 Cr.P.C. on 26th July, 2016. It appears that the Court below has already issued a bailable witness warrant against P.W.2 for securing presence of P.W.2 whose evidence is lying deferred. Learned Advocate for the petitioner proposes that he will cooperate with the prosecution to conclude the trial expeditiously by undertaking required cross-examination necessary for the purpose.

Mr. Hossain further submits that the impact of COVID-19 has largely disturbed the ordinary function of the Court and which has to be kept in mind to ensure expeditious disposal.

Having considered the submissions made by the learned Advocate for the parties, the instant revisional application may be disposed of, so as to subserve the purpose of justice as proposed to be obtained by making the direction as mentioned hereinunder.

Learned Court below is directed to make effective utilization of the date scheduled for the collection of the evidence taking support and cooperation from the learned prosecutor as well as the learned Defence Counsel aiming at expeditious disposal without granting unnecessary adjournment unless it is extremely unavoidable.

With this direction, the revisional application is stands disposed of.

(Subhasis Dasgupta, J)