Anupam Ghosh v. State Of West Bengal

22.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1197 of 2024 In the matter of : Anupam Ghosh ... Petitioner.

Mr. Prabir Majumder, Mr. Snehansu Majumder ... For the Petitioner.

Mr. Debasish Roy, Ld. P.P., Mr. Koushik Kundu, Mr. Sayan Datta ... For the State.

The present revisional application has been preferred for expeditious disposal of G.R. Case No. 422 of 2020 arising out of Nakashipara Police Station Case No. 640 of 2019 dated 23.11.2019 pending before learned Judicial Magistrate, 5th Court, Krishnagar, Nadia under Section 498A of the Indian Penal Code.

Learned advocate appearing for the petitioner submits that out of six witnesses cited by the prosecution, three witnesses have already been examined and the last of such witness was examined on 02.06.2022 and till date almost for the last two years, none of the witnesses are appearing to support in progress of the case. It has also been informed that the next date has been fixed on 10.06.2024. Having considered the contentions so advanced on behalf of the petitioner, I direct the learned trial court being the learned Judicial Magistrate, 5th Court, Krishnagar, Nadia to issue notice to the witnesses through the Inspector-inCharge, Nakashipara Police Station who would ensure regarding the availability of the witnesses on the date so fixed by the court. On 10.06.2024 the next date so fixed for

recording of evidence, if any witness is not present, the learned Magistrate would directly send information for making the witness available to the Inspector-in-Charge, Nakashipara Police Station.

Having regard to the time period for which the present case is pending, I direct the learned trial court to fix at least one date in every sixty days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment be granted to any of the parties.

Having considered that only three witnesses are left in this case, all efforts be taken by the learned trial court to conclude the prosecution witnesses by 31.01.2025. With the aforesaid observations, the revisional application being CRR 1197 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)