Mother Of Victim Girl X v. State Of West Bengal
01.02.2024 gd/ssd CRR 4888 of 2023 In the matter of: Mother of Victim Girl-'X'.
....Petitioner.
Mr. Abhimanyu Banerjee, Mr. Atanu Ghosh ..for the Petitioner.
Mr. Avishek Sinha ..for the State.
The present revisional application has been preferred for expeditious disposal of SPLST No.03(08) 2016 which arose out of Mandir Bazar PS Case No.167 of 2016. The said case relate to offences under Sections 376(2)(i)/506(II) of the Indian Penal Code and Section 6 of the POCSO Act.
Records reflect that although evidence commenced, but after the year 2017 there has been no progress in the trial of the case. The prosecution has proposed to examine 19 witnesses out of which only one witness has been examined till date.
Having considered that the case was registered in the year 2016 and more than seven years have passed since the initiation of the case, I direct that the learned Magistrate henceforth would fix a schedule consisting of three dates and fix such schedule once in every month so that the trial of the case is taken to its logical conclusion within a reasonable period of time. In case any witness is absent, the learned Special Judge would communicate to the Superintendent of Police, Diamond Harbour who would
depute an officer of his choice as a Nodal Officer and ensure regarding the presence of the witnesses on the date so fixed by the learned trial court. In case any particular witness for reasons beyond its control is unable to appear a report would be submitted to the learned Special Court enclosing proper documentary evidence for such absence. No unnecessary adjournment be given to either of the parties. The Public Prosecutor conducting the case would produce material documents and exhibits on the date so fixed for examination of the witnesses concerned. All stakeholders would cooperate with the trial court to conclude the trial at the earliest. With the aforesaid observations, CRR 4888 of 2023 is disposed of.
All the parties shall act on the server copy of this order duly downloaded from the official website of this court. (TIRTHANKAR GHOSH, J.)