Subimal Chakravarti And ORS v. State Of West Bengal And ANR

24.11.2022

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2923 of 2022 Subimal Chakravarti & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 483 of the Code of Criminal Procedure, 1973.

Mr. Anirban Mitra, Mr. Amit Halder, Md. Wasim Akram, Ms. Madhumita Sadhuka, Mr. Akash Ghosh ... For the Petitioners.

Mr. Ranabir Roy Chowdhury, Mrs. Sujata Das ... For the State.

Mr.

Mitra, learned advocate appearing for the petitioners submits that the proceedings of G.R. Case No. 1972 of 2014 commenced almost eight years back and the police authorities after completion of investigation, submitted charge-sheet which included seven witnesses on whom the prosecution relied upon to prove its case. However, till date, the examination of the first witness is continuing and there is hardly any scope for the trial to be concluded within a reasonable period of time.

I have considered the submissions advanced by the learned advocate appearing for the petitioners as well as Mr. Roy Chowdhury, learned advocate appearing for the State. Having regard to the fact that the present case arose out of matrimonial discord and six persons have been implicated in connection with the instant case, I direct the learned Magistrate to expedite the process of trial of the instant case.

Learned trial court is directed to fix at least one date in a month for the purpose of progress of the instant case. There must be specific direction upon the public prosecutor conducting trial that the seized alamats be produced on the date on which the evidence is to be recorded and there should not be any adjournment on the ground that for technical reasons, the seized materials could not be produced at the relevant date when the witness has been examined. No unnecessary adjournment should be granted to either of the parties.

It has been informed that the next date is fixed in the month of July 2023. Having regard to the said fact, the learned court would consider, if possible, preponement of the date. If the preponement of the date is not possible, then on and from 17.07.2023, the learned court would once in a fortnight fix date for examination of the witnesses so that trial of the case can be concluded by July 2024.

With the aforesaid observations, the revisional application being CRR 2923 of 2022 is disposed of. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy 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.)