Kabita Roy@Kabita Basunia Roy v. The State Of West Bengal

04.4.2024 Ct.No. 3 Item no.4 nb

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRR 104 of 2024 Smt. Kabita Roy @ Kabita Basunia Roy Vs.

The State of West Bengal Mr. Anirban Banerjee.

.... For the petitioner.

Mr. Nilay Chakraborty, Ld. APP, ....for the State This revisional application has been preferred for expeditious disposal of the proceeding being Sessions Case No.84 of 2019 pending before the Learned Additional district & Sessions Judge, 1st Fast Track Court, Alipurduar. Learned advocate for the petitioner submits that the petitioner is the de facto complainant of this case. The trial has initiated but has not been progressed satisfactorily. He prayed for necessary direction, so, that, the trial may be concluded in an early date.

Heard the learned advocate. It appears that the case was initiated in the 2016. However, the trial has initiated before the learned Additional Sessions Judge concerned but it appears from the order dated January 15, 2024 that the next date has been fixed for further CSW 1 on 29.7.2024. It is the well

acclaimed notion of a criminal trial that the criminal trial should be commenced and disposed of palpably by fixing the consecutive dates. No such schedule has been fixed by the learned Sessions Judge concerned.

Considering the facts, it appears to me justified that to pass specific direction, so that the Sessions Trial may be disposed of early as possible. The instant criminal revision is disposed of with a direction to the learned Sessions Judge as follows:

1. On receiving this order, the learned Judge shall prepone the date of evidence of CSW 1 within 2nd week of May 2024 by notifying the learned P.P. concerned.

2. The learned Sessions Judge shall fix a schedule for recording of evidence of the other CS witnesses for proper disposal of the trial.

3. The Sessions Judge concerned is further directed to dispose of the trial of this case more preferably within September 2024.

4. The learned Session Judge concerned shall conclude the trial of this case according to law without being influenced by any order passed by this court. The Registrar, Circuit Bench at Jalpaiguri is directed to serve the copy of this order upon the learned Sessions Judge concerned for proper compliance of the order as directed above.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Subhendu Samanta, J.)