Rama Dey And Others v. State Of West Bengal And ANR

12.06.2023 Ct. No. 34 Sl. No.51 akd

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE C. R. R. 1109 of 2023 In Re: Rama Dey & Ors.

... ... Petitioners In Re: An application under Article 227 of the Constitution of India. Mr. Soumya Roy Ms. Benazir Kazi ... ... for the petitioners Mr. Anwar Hossain Ms. Manisha Sharma ... ... for the State The petitioners are directed to serve a copy of the revisional application upon Ms. Manisha Sharma, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

The subject matter of the case be referred to the Baranagar Police Station Case No.691 of 2019 dated 29.12.2019 under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act which is presently pending before the learned Judicial Magistrate, 1st Court, Barrackpore, North 24-Parganas. Learned advocate for the petitioners submits that although charge has been framed but till date no witness has been examined. Learned advocate further submits that it is at the instance of the de-facto complainant that the case is being delayed.

Without entering into the complicity as to who is responsible for the delay, I direct the learned trial court that since the case was initiated in

the year 2019, to fix at least one date in every three months so that the trial of the case may be taken to its logical conclusion within a reasonable period of time. If required, the learned trial court will prepone the next date of the case and fix the date upon issuing notice to the respective parties. No unnecessary adjournment be granted to either of the parties. Learned Public Prosecutor conducting the trial would take steps to produce the materials, exhibits and the documents on the dates fixed for examination of the witnesses. All the stakeholders would take effort to conclude the trial at the earliest.

With the aforesaid observations, CRR 1109 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)