Calcutta High CourtCRR/1236/2019disposed

Prabir Kumar Aich v. State Of West Bengal & ORS.

2021-07-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.07.2021 Item no.20 Ct. No.34 CHC C.R.R. No.1236 of 2019 (Via video Conference) In Re: An application under Article 227 of the Constitution of India.

AND In the matter of:- Prabir Kumar Aich ... petitioner Mr. Gopal Chandra Das, Mr. Debayan Sinha ...for the petitioner Mr. Saswata Gopal Mukherji, Ld. P.P.

Ms. Faria Hossain, Mr. Aniket Mitra ...for the State Report submitted by the Officer-in-Charge, Khardah Police Station be kept with the record.

Report reflects that eight witnesses have already been examined and five witnesses are yet to be examined. The next date has been fixed by the learned court on 3rd of May, 2022. Having regard to the fact that case was initiated in the year 1996, I am of the view that the learned C.J.M., Barasat should monitor the instant case for taking the same to its logical conclusion. To that effect, the learned C.J.M., Barasat would communicate to the learned Judicial Magistrate, 4th Court, Barrackpore for preponing the date in respect of G.R. Case No.1504 of 1996. All efforts must be taken by the learned trial

court to conclude the trial which would include examination of prosecution witnesses, examination of accused under Section 313 Cr.P.C, defence evidence, final argument and the judgement by 31st May 2022.

The learned Public Prosecutor conducting the case before the learned trial court should effectively take steps and cooperate with Officer-in-Charge, Khardah Police Station so that necessary arrangements can be made for informing the witnesses and securing their presence on the date so fixed by the learned Magistrate.

Learned Registrar (Judicial), High Court, Calcutta, is directed to inform the learned C.J.M., Barasat as also the learned Judicial Magistrate, 4th Court, Barrackpore.

No unnecessary adjournment should be given to either of the parties and the learned Judicial Magistrate, 4th Court, Barrackpore as well as the Learned C.J.M., Barasat is directed to submit a compliance report before the learned Registrar (Judicial), High Court, Calcutta by 15th June, 2022.

With the aforesaid observations, C.R.R.1236 of 2019 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)