PRASENJIT ROY AND ORS. v. STATE OF WEST BENGAL AND ANR
CRR/3437/2026 · 2026-08-27
Ajoy Kumar Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36548 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36548 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
27.08.2026 Sl. No.05. D/L. Mithun. Ct.No.29. CRR/3437/2026
Prasenjit Roy & Ors. Vs. State of West Bengal & Anr. Ms. Satabdi Das …for the petitioners
In this application, the petitioners have prayed for a direction upon the Court below for expeditious disposal of the proceeding being G.R. Case No.1379 of 2022 presently pending before learned Additional Chief Judicial Magistrate, Tehatta, Nadia. Being aggrieved by the inordinate delay caused in disposal of the proceeding, learned Counsel for the petitioners submits that despite the passage of several years, the trial has made negligible progress. Out of 10 charge-sheeted witnesses, even the evidence of CW-1 has not been fully concluded. The respondent/wife who is the complainant has repeatedly failed to appear for adducing evidence, resulting in adjournments and protraction of the proceeding. By an order dated 21st November, 2024, the Court below also recorded about her misconduct by saying that from the available materials, there is sufficient reason to infer that CSW-1 is intentionally avoiding appearance to depose before the Court. He further submits that the prolonged pendency has caused serious prejudice to the petitioners who are suffering adverse consequences in employment and recruitment process and also
2 suffering from mental agony. Therefore, the petitioners have made a prayer for appropriate direction upon the Court below. Having heard learned Counsel for the petitioners, it appears that the prayer made by the petitioners is innocuous and if it is allowed in terms of the prayer made in the application, the opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with. Having considered the submission made on behalf of the petitioners and since the matter is kept pending for last 5 years and also the neglizable progress that has taken place for which the petitioners have attributed negligence upon the prosecution side, I find that the prayer made by the petitioners is justified and is required to be allowed to secure the ends of justice. In view of above, CRR 3437 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being G.R. Case No.1379 of 2022 and to make his best effort to conclude the entire proceeding preferably 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. )