Avijit Mitra v. State Of West Bengal And ANR

C.R.R. 4340 of 2022 14.09.2023 SL. 25 Court No. 34 Suvayan/ Sourav In Re: - An application under Section 482 read with Section 401 of the Code of Criminal Procedure.

And In the matter of: Avijit Mitra ....petitioner.

Ms. Sudipa Biswas ...for the petitioner.

Mr. Arijit Ganguly Mr. Kaushik Kundu ...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Kaushik Kundu, 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 petitioner is aggrieved by the fact that the case was initiated in the year 2018 being Burdwan P.S. Case No. 820 of 2018 which is presently pending before the learned Chief Judicial Magistrate, Purba Burdwan. According to the petitioner who has been implicated as an accused in the instant case, it remains that although he has been attending the Court for more than five years but till date after the charge-sheet has been filed only the charge has been framed and none of the witnesses have been examined till date.

Having regard to the plight expressed by the petitioner, I am of the opinion that the learned C.J.M., Purba Burdwan or any Judicial Magistrate in seisin of the matter would fix at least one date in every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No

unnecessary adjournment be granted to either of the parties and in case any witnesses is absent the learned Trial Court would directly communicate to the Inspector-in-Charge of Burdwan Police Station who would take steps for ensuring regarding the presence of the witness on the dates fixed and file a compliance report before the learned Trial Court. All efforts be taken by the stakeholders to conclude the trial by cooperating with the learned Trial Court. With the aforesaid observations, the present revisional application being CRR 4340 of 2022 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.)