ANIMESH MONDAL @ MITHU v. THE STATE OF WEST BENGAL AND ANR
CRR/5615/2025 · 2026-09-18
Ajoy Kumar Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 41451 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 41451 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18.09.2026 Sl. No.04. D/L. Mithun. Ct.No.29. CRR/5615/2025
Animesh Mondal @ Mithu Vs. The State of West Bengal & Anr. Mr. Mayukh Mukherjee, Mr. Aditya Mondal, Mr. Washim Akthar Dafadar, Mr. Rahul Sommadar …for the petitioner Mr. Krishnendu Bhattacharya, Ms. Tanusree Kar …for the State
Status report filed by the State is taken on record. During hearing of the application, learned Counsel for the petitioner as well as the State seek for a direction upon the Court below for expeditious disposal of the proceeding which is initiated under Sections 8/12 of the Protection of Children from Sexual Offences Act, 2012 along with other provisions of the Indian Penal Code. It is submitted on behalf of the petitioner that from 05.03.2024 the dates are being fixed for recording of evidence, but the prosecution so far could examine only four witnesses and they proposed to examine six more witnesses. It is further submitted on behalf of the petitioner that the accused person is not responsible for causing the delay. Learned Counsel appearing on behalf of the State placed a status report dated 30.07.2026 and submits that the delay in disposal of the proceeding is equally attributable to the petitioner as well as the prosecution witnesses. Therefore, considering the fact that the proceeding is, inter alia, under Sections 8/12 of the POCSO Act which is statutorily required to be disposed of within time limit, the Trial Court may be directed to make every endeavour to expedite the trial and for
2 that event stringent action may be directed to be taken to secure the attendance of the prosecution witnesses. Private opposite party no.2 is not represented. Having heard learned Counsel for the petitioner and the State, I find that the prayer made by the petitioner is justified and if allowed in terms of the prayer made in the application, the private opposite party as well as the State will have no cause to prejudice. In view of above, CRR 5615 of 2025 is hereby disposed of with a direction upon the Court below to make every endeavour to conduct day to day trial and if not possible, then he will fix at least 3 dates in each month from the next date of hearing and will make his best endeavour to conclude the entire proceeding preferably within a period of three months from the next date of hearing.
Department is directed to communicate a copy of this order to the Court below. 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. )