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Calcutta High CourtCRR/2217/2023disposed

Sudhir Samaddar And ANR v. State Of West Bengal And ANR

2023-06-26Hon'Ble Justice Tirthankar Ghosh2 pages

26.06.2023 Ct. No. 34 sdas C.R.R. 2217 of 2023 In Re : An application under Section 482 of the Code of Criminal Procedure.

And In Re : Sri Sudhir Samaddar & Anr. ..........petitioners Ms. Anjana Banerjee Ms. Mahasweta Pramanik ..... for the petitioners Mr. S. G. Mukherjee, learned PP Mr. Saryati Datta .... for the State Out of eight witnesses one witness has been examined. Learned Counsel for the petitioners is aggrieved by the progress of the trial since the same is continuing on and from 2022 although the police station case was initiated in the year 2017.

Learned Counsel for the petitioners is directed to serve copy of this application to Mr. Saryati Datta, learned Counsel, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. It has been informed that out of eight witnesses so proposed by the prosecution to be examined, partially one witness till date has been examined. In view of the aforesaid the anxiety expressed by the petitioners deem to be justified.

Having regard to the fact that the case was initiated six years ago and the trial has commenced I direct the trial court being the learned Judicial Magistrate 8th court, Alipore, South 24 Parganas, to fix at least one date within each and every 60 days so that trial of the case can be taken to its logical conclusion within a reasonable period. No unnecessary adjournment should be granted to either of the parties. Learned Public Prosecutor conducting the case would make available material, documents and exhibits on the date, so fixed, for the examination of the witnesses. Stakeholders should co-operate with the trial court to dispose of the trial at the earliest.

With the aforesaid observations the revisional application being CRR 2217 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server coy 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.)