Manmatha Nath Pal v. State Of West Bengal And ANR

21.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.33 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 843 of 2024 In the matter of : Manmatha Nath Pal ... Petitioner.

Ms. Subhra De, Mr. Pradyot Kumar Nandi ... For the Petitioner.

Mr. Shiladitya Banerjee ... For the State.

Learned advocate appearing for the petitioner has prayed for expeditious disposal of G.R. Case No. 5761 of 2019 arising out of Baranagar Police Station Case No. 509 of 2019. The investigating agency on conclusion of investigation submitted charge-sheet relying upon six witnesses. It has been informed that charge has already been framed and the next date has been fixed on 19.08.2024 for evidence. According to the petitioner, none of the witnesses are appearing and the petitioner being a senior citizen is facing the wrath of attending the court and waiting for whole of the day.

Learned Judicial Magistrate, 2nd Court, Barrackpore is directed to ensure that proper service of summons is effected upon the witnesses. To that effect, the learned trial court would be at liberty to inform the Deputy Commissioner of Police in-charge of Baranagar Police Station, in case summons has been issued by the court and the same is not effected by the concerned authorities.

The Deputy Commissioner of Police in-charge of Baranagar Police Station will ensure regarding the availability of the witness concerned on the date so fixed by the court.

No unnecessary adjournment be further granted on and from August, 2024.

Having regard to the period which has lapsed, I direct that the learned trial court would fix one date in every 60 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. 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 should cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 843 of 2024 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.)