Biplab Mondal v. State Of West Bengal And ANR

12.12.2023 Serial no. 12 [G.S.D] CRR 1090 of 2023 In the matter of : Biplab Mondal .... Petitioner Mr. D. Banerjee ... for the petitioner Mr. Arijit Chakrabarti Mr. Deepak Sharma Ld. advocate appearing for the petitioner expresses his agony regarding the manner in which C. 5166 of 2013 is progressing before the ld. JM, 5th Court, Alipore, 24 Parganas, South.

The ld. advocate submits that till date accused persons by way of one pretext and the other are stretching time. Ten years have passed since the initiation of the instant case.

Having considered the plight so expressed by the petitioner, I am of the view that the same is justified. It has been informed that the next date is fixed on 22nd of December, 2023.

Having considered the same, I direct that the ld. trial court to fix a date on each and every week for the purposes

of this case and if it finds that the accused persons are not cooperating with the ld. trial court, in that case, the ld. Magistrate would direct the accused persons to be present before the Court each and every day irrespective of the fact whether the case has been fixed for litigation or not. All efforts be taken by the ld. Trial Court to close the evidence of P.W. 1 by 5th of January, 2024. The rest of prosecution witnesses, if any, be completed by 31st of March, 2023. The examination under section 313 of the cr.p.c. be completed by 30th of April, 2023. Defence be granted two months' time i.e. May, 2024 to June, 2024 for adducing evidence and by 31st of July, 2024, the ld. trial court would declare its verdict.

With the aforesaid observations, CRR 1090 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, 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.)