Durga Shankar Banerjee v. State Of West Bengal

June 22, 2023 AD -20 Ct. 34 SG CRR 2243 of 2023 Durga Shankar Banerjee -versus- The State of West Bengal Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Ms. Anamitra Banerjee Mr. Ayan Mondal Mr. Shamsher Ansari ... for the petitioner.

Mr. Anwar Hossain Ms. Manisha Sharma ... for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Sharma, learned advocate who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

Mr. Mondal, learned advocate appearing for the petitioner submits that the petitioner is aggrieved by the fact that the accused is trying to evade the court proceedings after filing of the charge-sheet. He also submits that only date after date has been fixed by the learned court below and till date copies have not been served so that the stage may be reached for consideration of charges. Charge-sheet was submitted under Sections 420/406/419 IPC. The next date has been fixed on 26th June, 2023.

I direct that the learned Additional Chief Judicial Magistrate, Bidhannagar would take steps so that the stage of supply of copies are complete. If it is not possible to complete on 26th June, 2023, at least by 15th July, 2023 the said stage may be concluded. Date may be fixed in the month of September, 2023 for consideration of charges. If the learned trial court is satisfied that there are considerable materials appearing in the prosecution case for framing of charges, then in that case the learned trial court will frame charges and proceed with the trial of the case by fixing at least one date in every 60 days, 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.

In case any witness is absent, learned court would communicate with the superior officer of police in charge of the said police station so that at least one of the witnesses can be ensured on the next possible date. All efforts must be taken for concluding the trial at the earliest. With the aforesaid observations, CRR 2243 of 2023 is disposed of.

Pending 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.

( Tirthankar Ghosh, J. )