Gour Hari Sardar v. State Of West Bengal And ORS.

08.04.2024 Serial no. 8 [G.S.D] CRR 1889 of 2023 In the matter of : Gour Hari Sardar ... ... Petitioner Mr. Jayanta Bhattacharya Mr. Fazlul Haque Mr. L. Sarkar ... for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly ... for the State Last of the order which has been enclosed in the report submitted by the ld. Public Prosecutor be kept with the record.

The report reflects that the ld. Magistrate on 17.11.2023 has issued process upon the CSW1, CSW2 and CSW 3 for evidence and next date has been fixed on 5th of June, 2024.

Police report does not reflect that any other proceedings are pending in connection with Mandir Bazar P.S. Case No. 523 of 2014 dated 11.11.2014 in any court of law.

Having considered the period of time which has elapsed since the initiation of the present proceedings since 2014, I direct that on and from 5.6.2024, the ld. JM, 3rd

Court, Diamond Harbour would fix a schedule consisting of three dates in a month for the purposes of the present case and continue such schedule till the prosecution evidence is over.

In case any accused adopts any dilatory tactic, the ld. Magistrate will not be reluctant to issue harsher process of law against the said accused including the factum of imposing new condition for bail.

So far as the availability of the witnesses are concerned, the inspector in charge of Mandir Bazar P.S. is directed to ensure regarding the availability of the witnesses and/or submit a report if there is reluctance regarding the witnesses being present in court.

Ld. Public Prosecutor conducting the case will produce the materials, exhibits and documents on the next date so fixed for examination of the witnesses. All stakeholders would cooperate with the ld. Trial court so that the trial is concluded at the earliest.

With the aforesaid observations CRR 1889 of 2023 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.)