Mridul Kanti Manna v. State Of West Bengal And ANR

13.09.2023

IN THE HIGH COURT AT CALCUTTA

Item No.76 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3420 of 2023 In the matter of : Mridul Kanti Manna ... Petitioner.

Mr. Amit Ranjan Pati, Ms. Afreen Begam ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Imran Ali, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The anxiety expressed by the petitioner is that he has been facing the agony of trial for the last ten years as Debra Police Station Case No. 22 of 2023 was registered on 02.02.2013. Learned advocate appearing for the petitioner submits that out of six witnesses so cited, only one witness in part has been examined and the conduct of the CSW-1 does not encourage regarding further progress of the trial. I have considered the submissions advanced by the learned advocate appearing for the petitioner and having regard to the fact that the present case is pending for more than ten years, I direct the learned Judicial Magistrate, 4th Court, Paschim Medinipur to take steps by fixing at least one date in every 15 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No

unnecessary adjournment should be granted to either of the parties.

The learned trial court would seek assistance of the Superintendent of Police of Paschim Medinipur, in case any witness is not appearing. The police authorities will communicate with the witnesses concerned, make attempts for ensuring their appearance before the court and in case, they do not appear submit a report before the court to such extent regarding the reluctance of the witnesses to appear before the court. However, the same should be under the signature and seal of the Superintendent of Police, Paschim Medinipur. The learned trial court will thereafter drop the witness concerned and proceed for examination of the next witness.

Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders would cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 3420 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)