Jayati Malik And Others v. State Of West Bengal And ANR

06.12.2023

IN THE HIGH COURT AT CALCUTTA

Item No.18 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1335 of 2023 In the matter of : Smt. Jayati Malik & Ors. ... Petitioners. Mr. Ujjal Ray, Mr. Sk. Abdur Rahim ... For the Petitioners.

Ms. Manisha Sharma ... For the State.

Learned advocate appearing for the petitioners is directed to serve copy of this revisional application upon Ms. Manisha Sharma, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioners prays for expeditious disposal of Singur Police Station Case No. 17 of 2018 dated 18.01.2018 (G.R. Case No. 69 of 2018). The grievance of the petitioners is that charge was framed in the month of January 2019, but till date none of witnesses has been examined. In fact, the chargesheeted witnesses are evading the court and as such on number of occasions warrant were issued by the learned trial court. The witnesses appeared and they were granted bail. Thereafter they also did not appear. Learned advocate for the petitioners draws the attention of the Court to the last of the order wherein the same fact was reiterated.

Having regard to the period which has lapsed since initiation of the case, I direct the learned Judicial Magistrate, 2nd Court, Chandannagar to expedite the progress of trial of the instant case. Having considered the charges for which the

petitioners are facing trial, the learned Judicial Magistrate would take into account that already five years have passed. Accordingly, a schedule be fixed consisting of three dates and such schedule must be again fixed once in every 45 days so that trial of the case can be taken to its logical conclusion. In case any witness does not appear or is reluctant to give evidence, the Inspector-in-Charge of Singur Police Station would be directly informed by the court to take steps so that availability of the witness concerned is ensured on the date so fixed. All efforts be taken by the learned trial court to complete the trial by 31.12.2026.

With the aforesaid observations, the revisional application being CRR 1335 of 2023 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.)