Banani Sarkar And ANR v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 23-09-2022 Subha Item no.49 CRR 2045 of 2021 Banani Sarkar & Anr.

-versus- State of West Bengal & Anr.

Ct no.34 Mr. Joy Chakraborty Mr. Sandip Dinda ...for the Petitioners.

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

Re : An application under Section 482 of the Code of Criminal Procedure. Supplementary affidavit filed by the petitioner be kept with the record. It has been submitted on behalf of the petitioners that during the pendency of the revisional application, charge has already been framed by the learned trial court. The subject matter of the case relates to Noapara P. S. Case No. 70 of 2019 dated 03.03.2019 under Sections 498A/406/34 of the Indian Penal Code. As none appears on behalf of the State, Ms. Manisha Sharma, learned advocate, who ordinarily appears on behalf of the State is directed to represent the State. Her appearance may be regularized by the concerned authorities in due course. Learned advocate for the petitioners has advanced an innocuous prayer that as the charge has already been framed, an outer limit be fixed for the trial of the case so that the same is disposed of within a specified period of time. The chargesheet reflects that there are eight witnesses on whom prosecution has relied upon to prove its case. The case was registered in the year 2019.

Having regard to the anxiety expressed by the learned advocate for the petitioners, I direct that the learned trial court would at least fix one date in every forty-five days so that the trial of the case can be taken to its logical conclusion by 31st December, 2023. If required, the learned Magistrate obviously would be at liberty to increase the number of dates so that the examination of the prosecution witnesses is completed.

With the aforesaid observations, the revisional application being CRR 2045 of 2021 is disposed of.

Pending applications, if any, are consequently disposed of. Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]