Bireswar Bera And ORS v. State Of West Bengal And ANR

30.11.2023 Serial no. 4 [G.S.D] CRR 1006 of 2023 In the matter of : Bireswar Bera & Ors.

... ... Petitioners Mr. Goutam Mastafa Mr. Tarasankar Samanta ... for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... for the State The records of the case reflect that Nandigram P.S. Case No. 61 of 2002 is pending for more than 21 years. There has been no initiative either on behalf of the prosecution or the accused persons. With the passage of time, they have adopted dilatory tactics to delay the trial. A report was called for from the Deputy Superintendent of Police, who was in charge of Nandigram P.S., Purba Medinipur.

The report reflects that some of the witnesses have expired; some are bed ridden; some are available and, some are not available.

In view of the long pendency of the case and only one witness having been examined, ld. ACJM, Haldia, henceforth, would fix two dates in every week for the purposes of the present case and conclude the trial by six months. In case, the prosecution or the police authorities

are unable to produce the witness for whom the date has been fixed on three dates, in that case, the ld. trial court would be at liberty to close the witness and proceed to the next stage of the trial by way of examining the following witness concerned.

Having considered the period of time so consumed, I direct the ld. ACJM, Haldia to pronounce the judgment of this case by exhausting all provisions of law positively by 30th of June, 2024.

With the aforesaid observations, CRR 1006 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)