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2026 DAILYLAW 27410 (CAL)

BIMAL KR. HEMBRAM AND OTHERS v. THE STATE OF WEST BENGAL

CRR/240/2026 · 2026-07-10

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.07.2026 Sl. No.25. D/L. Mithun. Ct.No.29. CRR/240/2026 Bimal Kr. Hembram & Ors. Vs. The State of West Bengal Mr. Ansuman Bera, Mr. Subrata Bhattacharya …for the petitioners Affidavit-of-service filed by the petitioner is taken on record. Opposite party is not represented. In this application the petitioners have prayed for a direction upon the Court below for expeditious hearing of the G.R. Case No.61 of 2022 arising out of Pandua Police Station Case No.8 of 2022 under Section 498A/406 of the IPC presently pending before learned Judicial Magistrate, 3rd Court, Hooghly. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioners submits that the FIR was lodged against the petitioners/accused persons on 07.01.2022 by the de facto complainant. After completion of investigation, police submitted charge-sheet on 31st January, 2022. The charge was also framed against the accused persons under Sections 498A/406 of IPC on 03.08.2022. Thereafter, not a single witness could be examined by the prosecution for last four years which clearly violates the petitioners’ fundamental right to speedy trial. Therefore, he prayed for a direction upon the Court below for expeditious disposal of the said proceeding. Learned Counsel for the petitioners further submits that while disposing CRR 2555 of 2022, this High Court by an order dated 13th May, 2024 had directed the Court below to dispose of the case within a period 2 of six months from the date of communication of this order but the Court below has not taken any endeavour to dispose of the proceeding within the period in compliance with the order passed by this Court. Having heard learned Counsel for the petitioners and that the Trial has practically stalled for last four years after framing of charge and also considering the fact that in spite of specific direction made by this Court, the Trial Court has not made any endeavour to make early disposal of the said proceeding, I find that the prayer is required to be allowed to secure the ends of justice. In view of above, CRR 240 of 2026 is allowed. The Trial Court is directed to make every endeavour for early disposal of the said proceeding and to make his best effort to conclude the trial within a period of six months from the next date of hearing. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )