Sumit Agarwal v. State Of West Bengal And ORS.

June 9, 2023 AD -21 Ct. 34 SG CRR 2602 of 2022 Sumit Agarwal -versus- The State of West Bengal and others Mr. Sagnik Mukherjee ... for the petitioner Mr. S.G. Mukherjee, ld. PP Ms. Debjani Sahu ... for the State The petitioner is directed to serve a copy of the revisional application upon Ms. Sahu, learned advocate who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

The grievance of the petitioner relates to the slow progress of ST No.128 of 2016 arising out of Howrah Police Station Case No.83 of 2015 dated 03.02.2015 under the relevant Sections 498A/304B IPC.

I have considered the anxiety of the petitioner who happens to be the de facto complainant and I am of the view that such anxiety is justified.

It has also been pointed out by the learned advocate for the petitioner that there has been some progress subsequently in the trial of the case. However, the trial is still pending.

Considering the fact that the trial commenced in the year 2016 and more than 7 years have passed, I direct the learned trial court to fix at least a schedule consisting of 3 days and fix such schedule on every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

No unnecessary adjournment be granted to any of the parties.

Learned Public Prosecutor appearing in the case should ensure regarding the availability of the material, exhibits and documents when the witnesses are present before the court.

In this case learned trial court is directed to seek assistance from the Assistant Commissioner of the Howrah Police Commissionerate relating to the women grievance cell for non appe]arance of the witnesses or availability of the alamats of the case. All the stakeholders are directed to cooperate with the trial court so that the court can pronounce the verdict by 31st July, 2024.

With the aforesaid observations, CRR 2602 of 2022 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. )