Abhijit Chatterjee And Others v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 28-08-2023 Subha Item no. 58 Ct no.34 CRR 3177 of 2023 Abhijit Chatterjee & Ors.

-versus- State of West Bengal & Anr.

Mr. Sagnik Chatterjee ....for the petitioners.

Mr. Anwar Hossain Mr. Mirza Firoj Ahmed Begg ...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Mirza Firoj Ahmed Begg, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. Learned advocate for the petitioners submits that they are facing agony of a criminal trial since the year 2017 and in this case charge has been framed on 13th August, 2018. The prosecution in order to prove its case relied upon nine witnesses, but till date none of the witness has been examined. Learned Judicial Magistrate, 6th court, Burdwan is directed that in connection with the proceedings arising out of Bhatar P. S. Case No. 148 of 2017 dated 01.05.2017, the learned court would fix one date in every month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

Learned Magistrate would seek the assistance of a superior officer of the police, if required, for the purpose of execution of process for appearance of the witnesses concerned. In case, after

proper proof the learned Magistrate is of the opinion that the witness is not inclined to appear before the court, the learned Magistrate would take a decision whether to issue a harsher process of law or in the alternative drop the evidence of the concerned witness.

All efforts be taken by the learned Magistrate, 6th court, Burdwan so that the examination of the prosecution witnesses are over by 31st December, 2024.

With the aforesaid observations, the present revisional application being CRR 3177 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]