Anima Das v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 19-04-2024 Subha Item no. 33 Ct no.34 CRR 914 of 2024 Anima Das -versus- State of West Bengal Mr. Debasis Kar Ms. Jagori Mitra ....for the petitioner.

Mr. Md. Kutubuddin ...for the State.

The present case was initiated in the year 2010 and till date none of the witnesses have been examined. A report has been submitted by the Inspector-in-Charge, Nimta Police Station which reflects that six of the witnesses are available and the next date is fixed on 21st May, 2024. The first three witnesses are directed to appear on 21.5.2024 before the learned Judicial Magistrate, 2nd court, Barrackpore in connection with Nimta P. S. Case no 61 of 2010. Learned Magistrate would continue with the examination-in-chief and cross-examination of all the three witnesses till the same are completed. All efforts be taken so that the evidence of the witnesses is complete by 31st May, 2024. Thereafter, in the month of June, 2024 the evidence of the rest of the three witnesses be completed and the two police officers who are supposed to be the Investigating Officer of the case be thereafter called in the month of July and August. No schedule or fixed dates are referred to by this court in view of the inordinate delay which

has been taken place in the instant case but the examination of the six witnesses referred to in the report by the Inspector-in-Charge, Nimta PS should be completed by 30th June, 2024. Learned Judicial Magistrate, 2nd court, Barrackpore is directed to give priority of the case in view of the delay which has occasioned may lead to failure of justice.

The Public Prosecutor appearing in the case would produce the materials, documents and exhibits on the dates fixed for examination of the witnesses concerned.

It is directed that the trial of the case would continue in spite of the resolution of the local bar and the learned participating/representing advocate will not stall the proceedings because of any such resolution.

All efforts be taken by the stake-holders to conclude the trial at the earliest.

With the aforesaid observations, the present revisional application being CRR 914 of 2024 is disposed of. Pending applications, if any, are consequently disposed of. Report so submitted by the learned advocate for the State be kept with the record.

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]