Dinesh Chandra Hait @ Dinesh Ch. Hayait And Others v. State Of West Bengal

15.05.2024 Serial no. 6 [G.S.D] CRR 1694 of 2024 In the matter of : Dinesh Chandra Hait @ Dinesh Ch. Hayait & Ors.

... ... Petitioner Mr. Sauradeep Dutta Mr. A. Mukherjee ... for the petitioner Mr. Debasish Roy Mr. Prakash Mishra ... for the State Report submitted by the State be kept with the record.

Memo of evidence so submitted by the State be also kept with the record.

The report reflects that charge-sheet was submitted in connection with Jangipara P.S. Case No. 04 of 2019 in the year2019 itself under sections 498A/34 of the IPC. The records reflect that initially the present petitioners were not regularly appearing before the court. However, when they started to appear, there were absence of the witnesses in court.

The record also reflects that on 13.8.24, date has been fixed for evidence of CSW1.

In view of the series of events, which reflects that five years have passed without any progress in the case, I

direct the ld. trial court to take steps for expediting the process so that the whole of the procedure of the case is not frustrated.

Accordingly, a date be fixed once in every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. If, on the date so fixed, any witness is not available, in that case, the ld. trial court would communicate with the inspector in charge of Jangipara P.S., who would take steps for ensuring the availability of the witnesses or, in the alternative, submit a report regarding the non-availability of such witness.

It would be the discretion of the ld. trial court whether to fix further date(s) and/or give opportunity to the witness(s) to appear.

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 1694 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.)