Extracted from the PDF above. The PDF is authoritative.
21.07.2026 Sl. No.10 Ct. No.237 S.A.
CRR 2641 of 2026
Mantosh Singh -vs- The State of West Bengal
Mr. Arnab Sinha Mr. Amartya Basu Ms. Amrita Poddar Mr. Aritra Ghosh
…for the petitioner Mr. Subir Ganguly Mr. Sandeep Prasad Shaw
…for the State
The petitioner seeks expeditious disposal of G.R. Case No. 834 of 2013 under Sections 420/120B of the Indian Penal Code, 1860 and Sections 3/4 of the West Bengal Gambling and Prize Competitions Act, 1957, presently pending before the learned Judicial Magistrate, Bidhannagar, North 24 Parganas. Learned Advocate appearing for the petitioner submits that when the matter was taken up on March 7, 2020, the learned Magistrate in the court below heard the arguments and fixed March 21, 2020 for delivery of judgment. Thereafter, although the matter was taken up on several occasions, delivery of the judgment was repeatedly deferred by the learned Magistrate. Subsequently, the Presiding Officer was transferred, and his successor, upon joining, also adjourned the matter on several occasions without pronouncing
judgment. It is further submitted that, by an order dated December 16, 2023, the learned Magistrate observed that the vital witnesses, namely Charge Sheet Witnesses (CSWs) 7 to 12, had not been
2 summoned, notwithstanding the fact that the evidence had been closed by his predecessor. Accordingly, summons was issued to CSWs 7, 8 and 9. Thereafter, by an order dated March 29, 2025, the learned Magistrate was pleased to expunge the names of Prosecution Witness Nos. 8 and 9, as they had failed to appear despite repeated issuance of summons. By the same order, summons was directed to be issued to Prosecution Witness Nos. 10 and 11. Thereafter, the matter was repeatedly adjourned as the said witnesses also failed to appear. Learned Advocate for the petitioner further submits that the charge sheet does not mention any witness as Charge Sheet Witness No. 11. However, one Sub-Inspector, namely Saswata Banerjee, has been shown therein as Charge Sheet Witness No. 12. I find substance in the submissions advanced on behalf of the petitioner that this long-pending case ought to be concluded expeditiously. Accordingly, the learned Magistrate in the court below is
directed to issue non-bailable warrants against the remaining prosecution witnesses whose evidence is yet to be recorded. In the event such witnesses fail to appear even after execution of the non- bailable warrants, the learned Magistrate shall be at liberty to expunge their names from the list of prosecution witnesses, if the interests of justice so require. Thereafter, the learned Magistrate shall proceed with the trial in accordance with law and make every endeavour to conclude the same as expeditiously as possible, preferably within a period of six months from the date of communication of this order.
3 Accordingly, CRR 2641 of 2026 stands disposed of. This direction is issued in exercise of the powers conferred under Section 483 of the Code of Criminal Procedure, 1973. 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.)