Sanhita Sarkar Nee Mandal v. State Of West Bengal And ANR

C.R.R.1129 of 2023 D/L5 29.11.2023 Bpg.

In Re: An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973;

Smt. Sangita Sarkar nee Mandal

Versus

The State of West Bengal and another Mr. Pawan Kumar Gupta Mr. Atulya Sinha Ms. Sofia Nesar Mr. Santanu Sett.

...for the petitioner.

Mr. S.S. Imam Mr. S. Deb Roy.

...for the State.

Affidavit-of-service so filed be kept with the record. Mr. Gupta, learned advocate appearing for the petitioner submits that Haridevpur Police Station Case No.225 of 2016 dated 19.04.2016 under Section 498A of the Indian Penal Code is pending before the learned ACJM, Alipore, 24 Parganas (South). Since the inception of the case more than 71⁄2 years have passed but till date charges are yet to be considered by the learned trial court. Having considered the plight expressed by the petitioner, I am of the view that the same is justified.

Learned ACJM, Alipore, 24 Parganas (South) is directed to consider the charges on the next date so fixed for hearing and complete the said process within a month from the said date so fixed. In case the court considers that trial should proceed after consideration of charges, the learned trial 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. The public prosecutor conducting the case would produce materials, exhibits and documents on the next date so fixed for evidence. Since the petitioner happens to be the de facto complainant, the petitioner is directed to be present as and when she receives the summons. So far as the other witnesses are concerned, the court will take steps for ensuring their appearance, if required through the Inspector-In-Charge of the local Police Station.

With the aforesaid observations, CRR 1129 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the 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 of all requisite formalities.

(Tirthankar Ghosh, J.)