Calcutta High CourtCRR/2293/2021disposed

Smt Rita Jaiswal And ORS v. State Of West Bengal

2021-12-20Hon'Ble Justice Tirthankar Ghosh2 pages

Sr. 10 20-12-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 2293 of 2021 In the matter of : Smt. Rita Jaiswal & Ors. ....petitioners. In Re : An application under Section 483 of the Code of Criminal Procedure.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar .....for the petitioners.

Mr. Abhisek Sinha ....for the State.

Affidavit of service filed by the petitioners be kept with the record.

The present case was registered in the year 2011 and the learned advocate appearing for the petitioners submits that till date no evidence has been recorded by the learned trial court.

It has been informed to this court that the next date has been fixed in the month of January, 2022. In view of the aforesaid, I am of the opinion that as more than 10 years the proceedings is pending before the

learned trial court, some procedures must be adopted by the learned trial court to expedite the trial.

Accordingly, the learned trial court is directed to take recourse of harsher process of law by compelling the appearance of the de facto complainant ( as is revealed that in spite orders she is not appearing before the court ). The learned court thereafter would fix dates for recording the evidence of the other witnesses. The learned court would fix at least one date in a month so that the trial can be taken to its logical conclusion within a reasonable period of time. The Public Prosecutor conducting the case must assure the court regarding the availability of the witnesses and thereafter the learned court would fix dates. No unnecessary adjournments should be granted to either of the parties and all efforts must be taken to conclude the trial which is pending for more than 10 years.

With the aforesaid observations, the revisional application being CRR 2293 of 2021 is disposed of. Interim order, if any, is hereby made absolute. All pending applications, if any, are disposed of consequently.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

. ( Tirthankar Ghosh, J. )