Partha Pratim Das v. State Of West Bengal And ANR

05.12.2023 Serial no. 9 [G.S.D] CRR 3919 of 2023 In the matter of : Partha Pratim Das ... ... Petitioner Ms. S. Das ... For the petitioner Mr. Antarikshya Basu ... For the State The report submitted by Mr. Basu, ld. advocate appearing for the State, be kept with the record. Ld. advocate for the petitioner is aggrieved by the manner in which the proceedings are progressing in connection with Sankrail P.S. Case No. 402 of 2018. The report so submitted reflects that in spite of the witness being present, the evidence could not be recorded and the next date has been fixed on 1st of July, 2024. On an assessment of the totality of the circumstances and the fact that the case was initiated in the year 2018 and, more than five years have passed since the initiation of the case, I direct that the ld. JM, 1st Court, Howrah, would fix one date in a month for the purposes of progress of trial of the present case so that the same can be taken to its logical conclusion within a reasonable period of

time. No unnecessary adjournment be granted to either of the parties.

In case, any witness is absent, in that case, the ld. trial court would assess as to whether the summon/notice has been received by the concerned witness, re-check the same through the inspector in charge of Sankrail P.S. and insist on submission of report regarding the availability of the witness concerned. The ld. public prosecutor conducting the case would produce the materials, exhibits and documents on the date so fixed for examination of the witness concern. All stakeholders would cooperate with the ld. trial court so that the trial of the case can be concluded at the earliest.

The ld. JM, 1st Court, Howrah is directed to regularly fix a date in each and every month and assess regarding the progress of the trial. The ld. trial court would see to that the prosecution evidence is completed by 30th of June, 2025. With the aforesaid observations, CRR 3919 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)