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Calcutta High CourtCRR/1765/2025disposed

Netai Sarkar v. State Of West Bengal And ORS.

2025-11-26Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

26.11.2025 Sl. No.23.

D/L.

Mithun.

Ct.No.29.

CRR/1765/2025 Netai Sarkar Vs.

The State of West Bengal & Ors.

Mr. Sudipta Kumar Bose, Ms. Lipika Nath, Mr. Anirban Basak ...for the petitioner This is an application wherein petitioner has prayed for expeditious disposal of the proceeding being Sessions Case No.238 of 2019 pending before the learned Additional District and Sessions Judge, Fast Track Second Court, Barrackpore.

Petitioner's contention is that the petitioner earlier preferred an application being CRR 2292 of 2023 seeking expeditious disposal of the proceeding and this High Court by an order dated 26th June, 2023 passed the following order:- "Learned trial court being the learned Additional District & Sessions Judge, Fast Track, 2nd Court, Barrackpore is directed that process of consideration of charges be completed on 11th October, 2023 or within a week from the said date preferably by 18th October, 2023.

Learned trial court will thereafter proceed in accordance with law by fixing at least one date in a month keeping in mind the factum that the investigation of the case commenced in the year, 2010 and more than 13 years have already been passed since such case was initiated.

Learned Public Prosecutor shall conduct the case and produce necessary materials if required for taking the trial to its logical conclusion at the earliest."

Learned Counsel for the petitioner submits that in spite of such specific direction the Trial Court did not proceed and by the last order next date is fixed on 16th December, 2025 for appearance of the accused persons and hearing discharge petition and consideration of charge. Since the prayer made on behalf of the petitioner is innocuous and if any order is passed in terms of his prayer for expeditious disposal of the case, neither party will have a cause to prejudice the service of copy of application upon the opposite parties is dispensed with. Having heard learned Counsel for the petitioner and that the prayer made on behalf of the petitioner is justified in view of the fact that in spite of specific direction made by this High Court, the Court below has not made charge hearing as yet, the instant application being CRR 1765 of 2025 is hereby disposed of with a specific direction upon the Court below to make charge hearing on that date or within a period of 3o days from the next date of hearing.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )