Ashimananda Maity v. State Of West Bengal And ORS.

01.05.2024 Serial no. 3 [G.S.D] CRR 4053 of 2023 In the matter of : Ashimananda Maity ... ... Petitioner Mr. M. Chatterjee Mr. Sk. Nijamuddin Mr. Barnali Gupta Mr. Akash Sarkar ... for the petitioner Mr. Rudradipta Nandy Ms. Sanjana Saha ... for the State An application was prayed for expeditious disposal of Namkhana P.S. Case No. 138 of 2014 dated 4.12.2014 as the said case was pending for about 10 years. A report was called for by this court both from SDPO, Sagar Police Sub-Division, Sundarban Police District, who is in charge of Namkhana P.S. The report was submitted by the said officer, which reflects regarding the availability of the eight witnesses.

A report has also been received from the ld. ACJMcum-Civil Judge (Sr. Division), South 24 Parganas, wherein in respect of the instant case, there has been re-scheduling of the date of evidence from 16th of May, 2024 to 22nd May, 2024.

In respect of the dates so fixed, the ld. Magistrate has also fixed dates for the related witnesses to appear on the fixed date.

As the report of the SDPO reflects that the witnesses are available, notices be issued to all the accused persons so that they are available on the date so fixed by the ld. ACJM, Kakdwip.

Having considered that 10 years have passed and, till date, only one witness has been examined, I direct the ld. ACJM, Kakdwip to fix another schedule in a similar manner in the month of June, July and August and take all efforts to conclude the trial of the case as expeditiously as possible. No unnecessary adjournment be granted to any of the parties.

In case, any resolution is taken by the Bar, the representing advocates will participate in the trial of the case and will not stall the proceedings in any manner whatsoever considering the period of time, which has already consumed and wasted.

It is reiterated that, in case, any witness is not present, in that case, the ld. ACJM/trial court will communicate with the ld. SDPO, Sagar Police Division, Sundarban Police District, who would ensure regarding the availability of the witnesses on the date so fixed. All

stakeholders will cooperate with the ld. Trial court to conclude the trial at the earliest.

Reports so submitted by the respective parties be kept with the records.

The ld. Registrar General, High Court, Calcutta will communicate this order to the ld. ACJM-cum-Civil Judge (Sr. Division), Kakdwip, South 24 Parganas so that steps may be taken accordingly.

With the aforesaid observations, CRR 4053 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.)