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2026 DAILYLAW 29050 (CAL)

SAMUEL JOHN GILBERT ALIAS JOHN SAMUEL GILBERT v. STATE OF WEST BENGAL

CRR/2616/2026 · 2026-07-16

Kausik Chanda

body2026

Judgment text

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Sl. No.107 16.07.2026 Suman Ct. 237 CRR 2616 of 2026 Samuel John Gilbert alias John Samuel Gilbert Vs. The State of West Bengal Mr. Dhananjoy Banerjee Mr. A. Dutta Mr. P. S. Mishra ..for the petitioner Mr. Subir Ganguly Mr. Sandeep Prasad Shaw ..for the State Let a copy of the application be served upon Mr. Subir Ganguly, learned Advocate appearing for the State. The petitioner seeks the expeditious disposal of G.R. Case No. 3729 of 2014, arising out of Barasat P.S. Case No. 146 of 2014 dated 16.02.2014, registered under Sections 403, 406, 409 and 120B of the Indian Penal Code, and presently pending before the learned Chief Judicial Magistrate at Barasat, North 24 Parganas. Learned Advocate appearing for the petitioner submits that a Co- ordinate Bench of this Court, by an order dated 11th August, 2025, directed the learned Magistrate in the Court below to dispose of the case as expeditiously as possible, preferably within a period of six months from the date of communication of the said order, without granting any unnecessary adjournment to either of the parties. It is submitted that, notwithstanding the aforesaid direction, the case has not yet been disposed of. It is further submitted that, out of 14 prosecution witnesses, none has been examined thus far. Having regard to the aforesaid facts and circumstances, this application is disposed of with a direction upon the learned Magistrate in the Court below to take all necessary steps to secure the attendance of the prosecution witnesses in accordance with law. In the event any witness fails to appear on the date fixed for recording evidence, the learned Magistrate shall be at liberty to issue bailable warrants for securing the attendance of such witness. If, despite the issuance of bailable warrants, any witness still fails to appear without sufficient cause, the learned Magistrate shall proceed in accordance with law, including, if considered appropriate, by deleting such witness from the list of witnesses and proceeding with the trial. Considering that the case has remained pending before the learned Magistrate for nearly twelve years, it is expected that the learned Magistrate shall make every endeavour to conclude the trial and dispose of the case as expeditiously as possible, preferably within a period of one year from the date of communication of this order. This direction is issued in exercise of the powers under Section 529 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, CRR 2616 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 2