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Calcutta High CourtCRR/4380/2023disposed

Subhasish Das v. State Of West Bengal And ORS.

2023-11-29Hon'Ble Justice Tirthankar Ghosh2 pages

361.

29.11.2023 Ct.34 TG CRR 4380 of 2023 In Re: An application under Sections 483/401 of the Code of Criminal Procedure, 1973 arising out of Narendrapur P.S. Case No. 1215 of 2021 under Sections 420/406/120B/506 of the Indian Penal Code.

In the matter of : Subhasish Das ...petitioner.

Mr. Debopriyo Karan, Adv.

...for the petitioner.

Mr. Koushik Kundu, Adv.

...for the State.

The petitioner is directed to serve a copy of the revisional application upon Mr. Koushik Kundu, learned Advocate who ordinarily appears for the State. His appearance may be regularized by the concerned authorities.

The grievance of the petitioner is that investigation has commenced in the year 2021 and charge-sheet was submitted in the year 2022. Learned Advocate for the petitioner submits that till date charges have not been framed and the next date has been fixed almost after a year on 4th of September, 2024 by the learned Additional Chief Judicial Magistrate, Baruipur. Having regard to the time period which has lapsed in the meantime, since investigation has commenced in the year 2021, I direct the learned Magistrate would take steps so that the process of consideration of charges is completed by 31st of October, 2024. In case the Court, after consideration of charges, is of the opinion that trial of the case should proceed, in that event, the learned Trial Court would fix at least one date in every

seventy five days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. It has been submitted that there are nine witnesses on which the prosecution has relied upon. Accordingly, the learned Magistrate would see to that efforts are taken for concluding the trial at the earliest. If required, for ensuring appearance of the witnesses, summons may be served by seeking the assistance of the Officer-in-Charge of Narendrapur Police Station. The concerned Officer would submit a report regarding the service or non-availability of the witnesses on the dates so fixed by the learned Trial Court.

All stakeholders would co-operate with the learned Trial Court so that trial of the case would come to a conclusion at the earliest.

With the aforesaid observations, the revisional application being CRR 4380 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.)