Prosenjit Mondal v. State Of West Bengal And ANR

01.08.2023 Serial no. 34 [G.S.D] CRR 2090 of 2023 In the matter of : Prosenjit Mondal ... ... Petitioner Mr. Sandip Kr. Mondal Mr. Sumit Routh ... For the Petitioner Mr. Anowar Hossain Ms. Ratna Ghosh ... For the State The petitioner is directed to serve a copy of this revisional application upon Ms. Ratna Ghosh, Learned Advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority. The petitioner has been implicated in connection with Hingalganj P.S. Case No. 38 of 2019 dated 29.3.2019 under Sections 498A/406/308/34 of the I.P.C.

The grievance of the petitioner is that he has been facing the trial and till date Learned Magistrate has not progressed with the case and he along with the others are regularly attending the Court.

Learned Advocate for the petitioner also draws the attention of the Court of the order dated 2nd November, 2022, where the Learned Court has been pleased to fix 17th of October, 2023 as date fixed for "charge".

I have considered the records of the case and I find that the date have been fixed at a long stretch thereby covering from two dates in a year to one date in a year. Having regard to the anxiety expressed by the petitioner, I direct the Learned Judicial Magistrate, in seisin, of the case, to complete the process of charge on the next date so fixed or within a fortnight thereafter. The Learned Trial Court, if is of the opinion that the charges be framed, in that case, the Learned Trial Court would fix at least one date in every 45 dates, so that the 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 and the Learned Public Prosecutor conducting the case would produce the materials, exhibits and documents on that date, so fixed for evidence.

If required for ensuring appearance of the witnesses on the date so fixed by the Learned Trial Court, the Trial Court would be at liberty to seek assistance of the Superior Officer of Police in charge of Hingalganj P.S. All efforts be taken to complete the trial at the earliest.

With the above observations, CRR 2090 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.)