Jiban Kumar Roy @ Jiban Kumar Mehrotra v. State Of West Bengal
17.05.2024 Serial no. 6 [G.S.D] CRR 1828 of 2024 In the matter of : Jiban Kumar Roy @ Jiban Kumar Mehrotra ... ... Petitioner Ms. Ayantika Roy ... for the petitioner Mr. Debasish Roy Mr. Koushik Kundu Ms. Debadrita Mondal ... for the State The petitioner is aggrieved by the manner of progress of Bagnan P.S. Case No. 649 of 2022 dt. 8.12.2022, which is pending before the ld. JM, 2nd Court, Uluberia, Howrah.
It has been pointed out on behalf of the petitioner that on 19.1.24, the ld. Magistrate was pleased to fix date on 7th of April, 2025. Thus, after 15 months, date has been fixed by the ld. trial court.
The records of the case reflect that copies in connection with the instant case under section 207 of the cr.p.c. has been served by the ld. ACJM, Uluberia and, because of absence of the accused persons, the stage of consideration of charges could not be overcome.
Accordingly, I direct that on and from 7th of April, 2025, the ld. JM, 2nd Court, Uluberia will fix one date in every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. All efforts be taken to overcome the stage of consideration of charges within a period of 45 days from 7th of April, 2025. If, after consideration of charges, the ld. trial court is of the opinion that the trial of the case should be progressed, in that case, the ld. trial court would fix one date in very two months, as directed above, and proceed with the trial of the case.
In case, any witness is absent, the services of the officer in charge/inspector in charge of Bagnan P.S. be taken for effecting service upon the witnesses concerned. The concerned officer would ensure regarding the availability of the witnesses or, in the alternative, submit a report assigning reasons for non-availability of the witnesses. 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 1828 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.)