Surya Sankar Barik v. State Of West Bengal

06.03.2024 Serial no. 9 [G.S.D] CRR 1963 of 2023 In the matter of : Surya Sankar Barik ... ... Petitioner Mr. Jayanta Narayan Chatterjee Ms. Jayashree Patra Ms. Pritha Sinha ... for the petitioner Mr. Avishek Sinha ... for the State The present case was initiated in the year 2013 being Sagar P.S. Case No. 237 of 2013 dated 14.12.2013. The case is presently pending before the ld. Addl. Dist. & Sessions Judge, 2nd Court, Kakdwip, South 24 Parganas being Sessions Trial Case No. 156(07) of 2018. Till date, not even the evidence of a single witness is complete. The prosecution in order to prove its case has relied upon 20 witnesses.

Having regard to the period of time which has elapsed in the meantime, a report was called for. Today, Mr. Sinha, ld. Advocate for the State, has submitted a report prepared by the SDPO, Sagar, Sundarban Police District. From the report, it reflects that the witnesses are available.

Having considered the same, I direct that the ld. Addl. Dist. & Sessions Judge, 2nd Court, Kakdwip in

connection with Sessions Trial No. 156(07) of 2018, will fix at least a schedule consisting of four dates on each and every months so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. The SDPO, Sagar, Sundarban Police District will act as a Nodal Officer of the case. In case, any witness is not available on the date so fixed by the ld. Trial Court, the same should be taken care of by the Nodal Officer and a report, to that effect, be submitted by the Nodal Officer. Ld. Public Prosecutor conducting the case will communicate with the SDPO, Sagar, Sundarban Police District, who on assurance of availability of the witnesses will inform the court for fixing the date/schedule concerned. All the materials, exhibits and the documents will be produced by the prosecution on the date so fixed by the ld. Trial court. All Stakeholders will cooperate with the ld. Trial court so that the evidence of the prosecution is completed by 31st of December, 2024.

The ld. Trial court, thereafter, will conduct the examination under section 313 of the cr.p.c. of the accused persons, give some time to the defence to adduce his evidence and pronounce its verdict by 30th of June, 2025. It is reiterated that the trial of the case would proceed in spite of any resolution of the local bar and the

participating advocates will not stall the proceedings on any lame or flimsy excuse.

With the aforesaid observations, CRR 1963 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.)