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2026 DAILYLAW 49679 (CAL)

SK SAIFUDDIN v. STATE OF WEST BENGAL

CRR/4652/2026 · 2026-10-15

Ajoy Kumar Mukherjee

body2026

Judgment text

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15.10.2026 55. BD CRR 4652 of 2026 Sk.Saifuddin Vs. State of West Bengal Mr. Parvez Anam …for the Petitioner In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the proceeding being GR No. 878 of 2018 presently pending before learned Judicial Magistrate, 4th Court, Katwa. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner submits that charge was framed against the petitioner on 4th December, 2019. The prosecution proposes to examine eight witnesses out of which they could examine only two witnesses in last seven years. Therefore it appears that unless a direction is made trial would continue for an indefinite period of time. The excessive delay in disposal of the said proceeding is jeopardizing the fundamental right of the petitioner to get speedy trial guaranteed under article 21 of the Constitution of India. Therefore he prays for necessary direction. 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 party will have no cause to prejudice 2 and as such, the service of copy of application upon the opposite party is hereby dispensed with. Having heard learned counsel for the petitioner and that the prayer made by the petitioner is justified in view of the fact that no substantial progress in trial has taken place for last seven years, 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 4652 of 2026 is hereby disposed of with a direction upon the court below to make his best endeavour for expeditious disposal of the proceeding 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.)