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2026 DAILYLAW 5282 (CAL)

SABYASACHI DAS v. STATE OF WEST BENGAL

CRR/522/2026 · 2026-02-19

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.2.2026 5 sb CRR 522 of 2026 Sabyasachi Das Vs. The State of West Bengal Mr. Manjit Singh, Sr. Adv. Mr. Arkaprobho Roy …for the Petitioner This is an application wherein the petitioner has prayed for expeditious disposal of the proceeding being Sessions Trial Case no. 01(06) of 2013 arising out of Uttarpara Police Station case no. 244 of 2010 dated 24.9.2010, presently pending before the learned Additional District & Sessions Judge, 1st Court, Serampore. Learned counsel for the petitioner submits that on 24th September, 2010, the FIR was registered and the charge-sheet was submitted in the month of December, 2010. Thereafter, in the year 2013, the charge was framed against the accused person. The petitioner earlier approached before this court in CRR 293 of 2021 and vide order dated 3rd February, 2021, this court has made a specific direction upon the court below to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to either of the parties preferably within a period of four months from the next date of hearing. It is submitted on behalf of the petitioner that the evidence of charge-sheet mentioned witness no. 11 (Medical Officer) was completed on 19.2.2022 and the summon was 2 issued to the Investigating Officer but since then, neither the witness has turned up nor the trial has proceeded any further. In such circumstances, the petitioner prays for a specific direction upon the court below to conclude the trial at the earliest since the case is pending for more than 15 years. Having heard learned counsel for the petitioner, the application is admitted. 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 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 terms of the long pendency of the instant proceeding, the application being CRR 522 of 2026 is hereby disposed of with a direction upon the court below to compel the last witness i.e. the Investigating officer on the next date or within a period of 30 days thereafter and in that event, the court below will be at liberty to take any coercive steps against the concerned witness, if he declines to attend the court on the date fixed. Thereafter, the court below will take all endeavour to conclude the trial preferably within a period of three months without granting any unnecessary adjournment to either of the parties. This order is passed invoking this court’s jurisdiction under Section 529 of the BNSS. 3 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.)