Kaushik Ray v. State Of West Bengal And ANR

C.R.R.4620 of 2023 D/L259 12.12.2023 Bpg.

In Re: An application under Sections 483/482 of the Code of Criminal Procedure, 1973;

Kaushik Ray

Versus

The State of West Bengal and another Mr. Apalak Basu Mr. Nazir Ahmed Ms. Sanghamitra Mridha.

...for the petitioner.

Ms. Kum Kum Mitra.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Kum Kum Mitra, learned advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authorities.

The grievance of the petitioner is that the case was initiated in the year 2016 and although charges were framed in connection with Behala Police Station Case No.311 of 2016 in the year 2018, but till date, only a part of the examination of the first prosecution witness is over.

Having considered that more than seven years have passed since the initiation of the instant case, I am of the view that the learned trial court being the learned Judicial Magistrate, 7th Court, Alipore, South 24 Parganas would fix at least one date in a month so that the trial of the case can be taken to its logical

conclusion within a reasonable period of time. The learned trial court will not grant any unnecessary adjournment to any of the parties. If required, the learned trial court would call for a report from the Behala Police Station in respect of availability of the witnesses cited in the charge-sheet by the prosecution is concerned. The learned trial court would be at liberty to fix a schedule so that date for examination of the witnesses may be concluded within a reasonable period of time. The public prosecutor conducting the case would produce the materials, exhibits and documents on the date so fixed for examination of the witnesses. All stakeholders would co-operate with the learned trial court so that the trial is concluded at the earliest.

With the aforesaid observations, CRR 4620 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)