Brindavan Chandra Das v. State Of West Bengal And ANR

August 11, 2023 IN THE HIGH COURT AT CALCUTTA AD-37 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2909 of 2023 In the matter of: Bridaban Chandra Das ... petitioner Mr. L.K. Bhattacharya ... for the petitioner.

Mr. Arijit Ganguly Mr. Koushik Kundu ... for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Ganguly, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. The present petitioner is the father-in-law of a lady who initiated the case being Baruipur PS Case No.53 of 2009 dated 17.01.2009 under Sections 498A/406/34 of IPC. The said case is pending since 2009. More than 14 years have passed and till date evidence has not commenced after the charges have been framed. In view of the manner in which the proceedings are progressing before the learned Judicial Magistrate, Baruipur, I direct that on and from 28.08.2023 the Inspector-in-Charge, Baruipur Police Station will act as a nodal officer of the present case. Concerned inspector-incharge would see that the summons which are issued in respect of concerned witnesses are served upon them. Intimations must be specific to the concerned witnesses for

appearance before the court on the date so fixed by the learned trial court.

No unnecessary adjournment should be granted to the parties.

Learned trial court would fix a date in every 15 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. Nodal officer would produce the documents supporting that the summons have been served upon the concerned witnesses.

If the learned trial court is satisfied that the witnesses do not appear in spite of service of such summons on two dates, learned trial court would be at liberty to close such evidence. All efforts be taken so that the judgment of the present case is declared by the learned Judicial Magistrate/trial court on or before 31st August, 2024. With the aforesaid observations, CRR 2909 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. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.

( Tirthankar Ghosh, J. )