Dina Bhattacharya v. State Of West Bengal And ANR

C.R.R.763 of 2023 D/L43 19.09.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Dina Bhattacharya

Versus

State of West Bengal and another Mr. Biswanath Chatterjee Mr. Soham Krishna Chatterjee Mr. Sobham Kumar Pathak.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Pravas Bhattacharyya Mr. Mirza Firoj Ahmed Begg.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Begg, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

Petitioner has approached this Court for expeditious disposal of Lake Police Station Case No.58 of 2008 which is presently pending before the learned CJM, Alipore/trial court. Records of the revisional application reflect that dates have been fixed for evidence. However, the case is pending since the year 2008. More than 15 years have passed since the case has commenced.

The allegations are under Section 498A of the Indian Penal Code. As the case is pending for more than 15 years, I direct that the learned trial court would fix at least one date in every 15

days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. In case any witness is absent on the date so fixed, the learned trial court would communicate with the Officer-in-Charge of Lake Police Station so that the appearance of the witness is ensured on the date so fixed for trial.

No unnecessary adjournment should be granted to either of the parties. The public prosecutor conducting the case should ensure regarding the production of the materials, exhibits and documents available on the dates so fixed for examination of the witnesses. All stakeholders should co-operate with the learned trial court so that the trial is concluded at the earliest. With the aforesaid observations, CRR 763 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)