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Calcutta High CourtCRR/692/2023disposed

Montu Kr Dutta @ Mantu Dutta @ Montu Kumar Dutta v. State Of West Bengal

2023-09-19Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 19-09-2023 Subha Item no. 09 Ct no.34 CRR 692 of 2023 Montu Kumar Dutta @ Mantu Dutta @ Montu Kumar Dutta -versus- State of West Bengal Mr. Shekhar Barman .....for the petitioner.

Mrs. Faria Hossain Mrs. Baisali Basu .....for the State.

Petitioner is directed to serve a copy of the revisional application upon Mrs Baisali Basu, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. Record of this revisional application reflects that by order dated 6th September, 2022, the learned Judicial Magistrate, 2nd court, Barasat in connection with Barasat P. S. Case No. 799 dated 12-04-2013 fixed the next date on 16th April, 2024.

I do not find any reason why the court has fixed a date for evidence after 26 months. The learned Magistrate is directed to prepone the date and fix a date since the case is 10 years old. It is directed that the date be fixed in the month of January, 2024, notice be issued to the witness concerned and thereafter fix one date in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

Having regard to the manner in which the dates are being fixed by the learned Judicial Magistrate, 2nd court, Barasat, North 24 Paraganas, cause list of the said court be placed before the Administrative Committee, High Court, Calcutta for scrutiny as to the manner in which the dates are fixed in criminal trial in that court. If a litigant comes to a court of law and a date is fixed after 26

months, the same requires an answer as to when justice will be delivered in such cases. The dates which are fixed by the said court are a cause of anxiety by this court. The Administrative Committee will see to that and a guideline be laid down to the learned judicial officers for fixing dates in cases where charges have been framed and dates are fixed for trial.

With the aforesaid observations, the revisional application being CRR 692 of 2023 is disposed of.

The records of the case after disposal be placed through the learned Registrar(Judicial Service), High Court, Calcutta before the Administrative Committee, High Court, Calcutta for its decision on the issue. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]