Manotosh Karmakar v. State Of West Bengal

14.05.2024 Serial no. 8 [G.S.D] CRR 1619 of 2024 In the matter of : Manotosh Karmakar ... ... Petitioner Ms. Atreyee Halder ... for the petitioner Mr. Debasish Roy Mr. Saryati Datta ... for the State The petitioner has prayed for expeditious trial of Krishnaganj P.S. Case No. 27 of 2019 dt. 18.2.2019. The records of the case reflect that in connection with the instant case, till date, the evidence of the first witness is in progress.

Having considered that five years have passed since the initiation of the case and the ld. trial court being the ld. JM, 4th Court, Krishnagar, Nadia, has been able to examine only one witness, I direct the ld. trial court to fix at least one date in every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

In case, any witness is absent on the date so fixed, in that case, the ld. trial court would issue notice upon the Inspector in charge of Krishnaganj P.S., who would send a report before the Ld. Trial court regarding the availability of

the witness(s) or, on that other hand, would ensure the availability of the witness(s) on the subsequent date so fixed. The ld. trial court would take a decision whether to continue with such witness or not by exercising its discretion in the interest of justice.

No unnecessary adjournments be granted to any of the parties. Ld. Public Prosecutor conducting the case would produce the materials, exhibits and documents on the date so fixed for examination of the witnesses. All stakeholders would cooperate with the ld. trial court so that the trial of the case is concluded at the earliest. The trial of the case would continue in spite of any resolution of the local Bar and the participating advocates in any manner or the other will not stall the proceedings in spite of such resolution. With the aforesaid observations, CRR 1619 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)