Amaresh Ghosh v. State Of West Bengal And ANR

28.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.38 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1949 of 2023 In the matter of : Amaresh Ghosh ... Petitioner.

Mr. Arani Bhattacharyya ... For the Petitioner.

Mr. Manoranjan Mahata ... For the State.

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

The grievance of the petitioner is that the case was instituted in the year 2016 and till date, no witness has been examined in this case. earlier by an order dated 07.06.2023, a report was called for from the learned Registrar (Judicial Service), High Court, Calcutta. Consequently, a report has been submitted before this Court and it has been informed that the learned Presiding Officer would very shortly join the court of the learned Judicial Magistrate, 5th Court, Burdwan. The next date as has been informed is fixed on 31.07.2023. It is therefore directed that the learned trial court would take into account that the case was initiated almost more than seven years ago and prosecution in the charge-sheet has relied upon eight witnesses in support of its case. Accordingly, the learned Judicial Magistrate, 5th Court, Burdwan would fix at least one date in a month so that trial of the case can be taken to its logical conclusion within a

reasonable period of time. No unnecessary adjournment should be granted to either of the parties.

In case any witness is absent on the date so fixed, the learned Magistrate would issue notice to the Inspector-inCharge/Officer-in-Charge, Jamalpur Police Station for ensuring the appearance of the witnesses on the date so fixed.

Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders should cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 1949 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)