Ashis Sarkar v. Liton Saha And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 01-04-2024 Subha Item no. 112 Ct no.34 CRR 949 of 2024 Ashis Sarkar -versus- Liton Saha and ors.

Ms. Manika Sarkar .....for the petitioner.

Mr. Antarikhya Basu ...for the State.

Learned advocate for the petitioner is aggrieved by the fact of the progress of the Dum Dum P. S Case No. 835 of 2017 dated 21082017 wherein after investigation chargesheet was submitted on or about 22-12-2018.

Learned advocate submits that till date charges have not been framed and the petitioner suffered because of their being no progress in the trial of the case.

Having regard to the fact that the case is of the year 2017, I direct that the learned trial court to overcome the stage of consideration of charges after supply of copies within a period of one month from the next date so fixed.

In case the accused persons continue evading the physical appearance in court, I direct that the learned trial court would issue harsher process of law as simply the time of the court is being consumed for fixing only dates without any substantive progress in the merits of the case. The learned court after consideration of charges is of the opinion that the trial of the case is required to be

continued, in that case the learned court would fix one date in a month for the purposes of the present case so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

I find from the records that the prosecution has relied upon 11 witnesses to prove its case. The learned trial court if required would directly issue summons for being executed to the concerned witnesses through the Inspector-in-charge/Officer-incharge, Dum Dum Police Station who would ensure regarding the availability of the witnesses on the date so fixed for the examination.

No unnecessary adjournments should be granted to either of the parties.

All efforts be taken by the stake-holders to cooperate with the trial court so that the trial is concluded at the earliest. With the aforesaid observations, the present revisional application being CRR 949 of 2024 is disposed of. 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]