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Calcutta High CourtCRR/2470/2021disposed

Saiful Mallick And ANR v. State Of West Bengal And ANR

2021-12-14Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No. 2470 of 2021 (Via Video Conference) D/L 93 December 14, 2021 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Saiful Mallick and another

Versus

The State of West Bengal and another Mr. Tapan Datta Gupta, Mr. Parvej Anam, Mr. S. Hazra.

...for the petitioners.

Mr. Arijit Ganguly, Ms. Ayantika Ray.

...for the State.

Learned advocate for the petitioners is aggrieved by the progress of the trial. According to the learned advocate, although First Information Report was registered in the year 2014, but till date the trial of the case has not progressed. According to the learned advocate, charge was framed in the year 2016 and evidence for P.W.1 was fixed on November, 2016, but till date the evidence has not been completed. It has been submitted that there are 16 witnesses on whom the prosecution has relied upon. Having regard to the time period, which has elapsed in the meantime, I direct the learned trial court to fix at least one date in each and every month so that the trial of the case can be progressed. No unnecessary adjournments should be granted to either of the parties and in case any witness is found to be absent, the learned court would be at liberty to take recourse to harsher

process of law. It is reiterated that all efforts must be made for concluding the trial within 18 months from date. With the aforesaid observations, CRR 2470 of 2021 is 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.)