SUJATA BISWAS v. THE STATE OF WEST BENGAL AND ORS.
CRR/5443/2025 · 2026-05-07
Ajoy Kumar Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13072 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13072 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
7.5.2026 8 sb
CRR 5443 of 2026
Sujata Biswas
Vs. The State of West Bengal & Ors. Mr. Rishav Singh Mr. Soumalya Dutta …for the Petitioner
The petitioner herein is aggrieved with the long pendency of the criminal proceeding being G.R. case no. 1436 of 2009, presently pending before learned Judicial Magistrate, 2nd Court, Krishnanagar. It is submitted on behalf of the petitioner that in the said case, the charge-sheet was submitted by police after completion of investigation on 22nd July, 2009. Thereafter, the charge was framed on 21st November, 2012. Since then, the matter is pending for recording of evidence. But till date, not a single witness could be examined even after passing of about fourteen years. He further submits that one of the accused died in the meantime and learned court below has directed to furnish the death report, which the police has not yet complied with and furthermore the accused person did not appear before the court below due to which the warrant of arrest has been issued against the accused person on 12th February, 2025. Since then, the police could not execute the warrant and lastly on 6th March, 2026, date was fixed for furnishing of death report as well as execution report but since no report was
2 submitted on behalf of the police, the Trial court fixed the next date on 3rd March, 2027 for submission of death report as well as execution report. Therefore, the petitioner being the defacto-complainant has prayed for appropriate direction upon the court below for expeditious disposal of the aforesaid proceeding. Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having considered the facts and circumstances of the case and that the petitioner being the defacto- complainant is suffering a lot due to long pendency of the proceeding for nearly 16 years, I find that the prayer made by the petitioner is justified and is required to be allowed for securing the ends of justice.
In view of above, the instant application being CRR 5443 of 2025 is hereby disposed of with a direction upon the court below to prepone the next date of hearing and to fix a date in the month of July, 2026 for charge hearing and for that to pass appropriate direction upon the police for submission of the death report as well as execution report as was previously asked for through its order dated
6.3.2026. Learned court below shall also take appropriate steps, if required, to proceed under Section 84/85 of the
3 BNSS in order to secure the attendance of the accused person and thereafter to make its best effort for expeditious disposal of the aforesaid proceeding, which is pending for nearly two decades. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)