Biswanath Manna v. State Of West Bengal And ORS.

06.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.7 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1896 of 2023 Biswanath Manna versus The State of West Bengal & Ors.

In Re: An Application under Section 483 of the Code of Criminal Procedure.

Mr. Aniruddha Bhattacharya, Ms. R. Ghosh ... For the Petitioner.

Mr. Arijit Ganguly, Ms. Debjani Sahu ... For the State.

The present revisional application has been preferred for expeditious disposal of C.G.R. No. 303/13 arising out of Chetla Police Station Case No. 11 of 2013 dated 15.01.2013 which is pending before learned Judicial Magistrate,3rd Court, Alipore.

Learned advocate for the petitioner is directed to serve a copy of this revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Learned advocate for the petitioner submits that the case was initiated in the year 2013 and till date, the evidence of PW-1 is continuing. Learned advocate submits that examination of the PW-1 was initiated on 05.04.2021 and the manner in which the proceedings are continuing, do not show any scope of the same being completed within a reasonable period of time. It has also been submitted that there are three more other witnesses to be examined by the prosecution.

Having regard to the contentions advanced on behalf of the petitioner, I am of the opinion that the anxiety expressed by the learned advocate for the petitioner is justified. Accordingly, the learned Judicial Magistrate, 3rd Court, Alipore is directed to fix at least one date in every 60 days for the trial of the case.

The Deputy Commissioner of Police in-charge of Chetla Police Station would ensure the presence of the witnesses on the date so fixed.

No unnecessary adjournment should be granted to either of the parties and the prosecution would be duty bound to produce all the documents and material exhibits on the dates on which the evidence is fixed by the learned trial court. All efforts must be taken to conclude the trial of the case at the earliest.

With the aforesaid observations, the revisional application being CRR 1896 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)