CRR 401 of 2023 was disposed of. A direction was issued to the Additional Chief Judicial Magistrate, Barrackpore, to expedite the long-pending criminal trial, frame charges by February 2024, and fix fortnightly dates.
Direction to the trial court to frame charges by February 2024 and fix fortnightly hearing dates.
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June 28, 2023 AD – 41 Ct. 34 . SG
CRR 401 of 2023
Jahanara Saha Chowdhury -versusState of West Bengal and another
Mr. Sabir Ahmed Mr. Golam Karim Chaudhury Mr. Abdur Rakib Mr. Biswajit Sarkar Mr. Dhiman Banerjee … for the petitioner.
Mr. Imran Ali Ms. Debjani Sahu … for the State.
Petitioner submits that the case was initiated in the year 2014 and even after 9 years the same is continuing before the learned Additional Chief Judicial Magistrate, Barrackpore.
Order sheet reflects that the accused persons were continuously absent in the court and as such charge has not been framed till date.
Learned advocate for the complainant further emphasises that in a designed manner the accused persons are evading the progress of the trial.
Accordingly, the learned Additional Chief Judicial Magistrate, Barrackpore is directed to take steps to exhaust harsher process of law in case the accused persons are not available. Efforts be taken for framing of charges in the month of February, 2024. Learned trial court should fix
2
date once in a fortnight so that trial of the case can be taken to its logical conclusion within a reasonable period of time. If required, the Inspector-in-Charge of Baranagar Police Station would take steps to execute the summons/notices in respect of the witnesses who would be cited by the prosecution.
With the aforesaid observations, CRR 401 of 2023 is disposed of.
Pending application, if any, is consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
( Tirthankar Ghosh, J. )
2 issues framed by the court
Whether the lower court should be directed to expedite the trial of a case pending for nine years due to accused’s absence.
Whether the lower court should be directed to frame charges within a specified timeframe.
Jahanara Saha Chowdhury
State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
