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Calcutta High CourtCRR/1247/2026disposed

Subhajit Das And Another v. State Of West Bengal And ANR

2026-05-11Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

11.5.2026 16.

BD CRR 1247 of 2026 Subhajit Das & Anr.

Vs.

State of West Bengal & Anr.

Mr. Debayan Ghosh Ms. Nur Jahan Khatun Ms. Poulami Bose ...for the Petitioners In this application the petitioners have prayed for a direction upon the court below for expeditious disposal of ACGR Case No. 2655 of 2018 presently pending before learned 5th Judicial Magistrate, Alipore, South 24 Parganas. It is submitted on behalf of the petitioners that opposite party no. 2/wife has initiated the proceeding under section 498A/323/354/34 of the Indian Penal Code on 29th May, 2018. After completion of investigation police submitted charge-sheet against the present petitioners on 27th September, 2018. Thereafter the charge was framed against the accused persons on 21st August, 2025. According to charge-sheet, prosecution proposes to examine six witnesses but till date not a single witness could be examined and as such petitioners prayed for a direction upon the court below for expeditious disposal of the said proceedings.

Having heard learned counsel for the petitioners, it appears that the prayer made by the petitioners is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice

and as such, the service of copy of application upon the opposite parties is hereby dispensed with.

Considering the fact that the criminal proceeding is pending for trial for a considerable period of time without examining a single witness for nearly about one year, I find that the prayer made by the petitioner is justified and is required to be allowed for securing the ends of justice. In view of the above, the instant application being CRR 1247 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for disposal of the proceeding being ACGR Case No. 2655 of 2018 presently pending before learned 5th Judicial Magistrate, Alipore, South 24 Parganas and to make its best effort to conclude the said criminal proceeding preferably within a period of six months from the next date of hearing without granting any unnecessary adjournment to either of the parties.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)