The High Court, under Section 482 Cr.P.C., directed the trial court to ensure expeditious disposal of a pending criminal case within one year by effectively utilizing fixed dates and resorting to necessary steps under law.
Direction to trial court to ensure expeditious disposal of the pending case within one year.
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8.4.2021
ks. Ct. 42, sl.21
CRR 931 of 2021
Debabrata Adhikari @ Debu & Ors. vs State of West Bengal & Anr.
Mr. Rajdeep Bhatacharya, Mr. Sanjib Shankar Majumdar, Ms. S. Roy
… For Petitioners. Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan … For the State.
The parties are represented by the learned Advocates, names of whom, are shown above at the beginning of this order sheets.
The court is approached under Section 482 of the Cr.P.C. soliciting a direction to ensure expeditious disposal of the G.R. Case No.1872 of 2012 under Sections 341/323/506/34 of the Indian Penal Code, now pending before the learned Additional Chief Judicial Magistrate, 1st Court, at Baruipur, District : 24 Parganas.
Copy of the revisional application be immediately handed over to Mr. Arijit Ganguly, learned Advocate, who ordinarily defends State being empanelled learned Advocate for the State/learned junior Government Advocate.
Appearance of Mr. Ganguly be regularised in this case taking advantage of this order.
The principal contention of the petitioners is that there has been inordinate delay caused in the disposal of this case in connection with an occurrence, held in the year 2012. Chargesheet in this case has already been submitted long before and the petitioners/accused persons have been confronted with the
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allegations raised against them under Section 251 Cr.P.C.. The trial court has already fixed date for collection of evidence.
Mr. Ganguly, learned Advocate representing the State submits that the accused persons were confronted with the allegations raised against them on 31st July, 2019 and thereafter dates were fixed for collection of the evidence, which, however, got delayed due to onset of Covid-19.
Having considered the submission of both sides, the court is of the view that the instant revisional application may be disposed of, so as to sub-serve the purpose of justice, as proposed to be obtained, giving a direction as mentioned herein.
Learned Court below is directed to ensure expeditious disposal of the pending case making effective utilisation of the dates, so far fixed, and if necessary, upon resorting to steps available under Section 309 Cr.P.C. so as to reach logical conclusion of this case within a reasonable period of time, preferably within onejnm year from the date of communication of this order.
With this direction and observation, the revisional application stands disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities.
(Subhasis Dasgupta, J.)
2 issues framed by the court
Whether expeditious disposal of a pending criminal trial is required to prevent inordinate delay.
Whether the trial court should make effective utilisation of fixed dates.
3 provisions across 2 enactments
Debabrata Adhikari @ Debu & Ors.
State of West Bengal
Subhasis Dasgupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
