Tapas Kumar Patra And Others v. State Of West Bengal And ANR

24.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.35 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 737 of 2023 In the matter of : Tapas Kumar Patra & Ors. ... Petitioners. Mr. Santanu Maji, Mr. Arabinda Majhi ... For the Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Saryati Datta ... For the State.

Learned advocate appearing for the petitioners is directed to serve a copy of this revisional application upon Mr. Saryati Datta, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The present is a case arising out of Chinsurah Police Station Case No. 20 of 2019 dated 23.09.2019 under Sections 498A/304B/34 of the Indian Penal Code.

Learned advocate appearing for the petitioners submits that although the charge was framed on 10.12.2021, but till date the examination of a single witness has not been completed.

Records reflect that the examination-in-chief of PW-1 is in progress. According to the learned advocate, 16 witnesses have been relied upon by the prosecution and as such, it would take a long time to conclude the trial because of the manner in which the progress is being made.

Having regard to the anxiety so expressed, I am of the opinion that the same is justified as the case initiated almost four years ago and the charges have been framed under Sections 498A/304B/34 of the Indian Penal Code. The

learned trial court is directed to fix a schedule consisting of three dates and fix such schedule once in every two months so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties. In case no witness appears, the learned trial court would direct the superior officer in the rank of DSP/SDPO, who is in-charge of the concerned police station, who would assist the court at least for ensuring the appearance of the witnesses on the dates so fixed.

Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders would cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 737 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)