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2026 DAILYLAW 49454 (CAL)

SUBIMAL DATTA v. STATE OF WEST BENGAL AND ANR

CRR/4557/2026 · 2026-10-15

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.10.2026 34. BD CRR 4557 of 2026 Sri Subimal Datta Vs. The State of West Bengal & Anr. Mr. Subrata Bhattacharya …for the Petitioner In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the proceeding being G.R.Case No. 412 of 2019, presently pending before learned Judicial Magistrate, 4th Court, Katwa under sections 498A/406/34 of the IPC. Being aggrieved by the inordinate delay caused in delay in trial, learned counsel for the petitioner submits that the charge against the present petitioner and also against the other accused persons had been framed on 28.09.2021 but since then five years have already passed but the prosecution could not examine even a single witness and thereby trial is getting delayed day by day, which is causing immense suffering to the petitioner /accused person and also jeopardizing his right to speedy trial guaranteed under Article 21 of the Constitution of India. Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice 2 and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having considered the fact that the trial has got stalled for about four years and even after five years of framing of charge the prosecution could not examine a single witness till date, I find that the prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice. In view of the above, the instant application being CRR 4557 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the proceeding being GR Case No. 412 of 2019 and to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)