The High Court disposed of CRR 3569 of 2024, directing the Additional Sessions Judge at Alipore to conclude a pending criminal trial within two years due to long delay, noting the court is no longer vacant.
Directed the learned trial Court to take proceedings to logical conclusion within two years from next hearing date peremptorily.
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03.12.2024 jb. jdt. 21
CRR 3569 of 2024
In Re: Vijay Singh Chauhan
Mr. Sandipan Ganguly Mr. Anand Keshari Mr. Agnish Basu Ms. Manaswita Mukherjee Mr.Vipul Vedant
… For the Petitioner
Mr. Abhirup Chakraborty … For the Opposite Party no. 2 Mr. Joydeep Biswas … For the State
Report submitted by the learned Registrar, Judicial Service, High Court, Calcutta is taken on record.
Affidavit of service filed on behalf of the petitioner and the report submitted by the State are taken on record.
Heard learned counsels for the parties.
The petitioner initially sought transfer of the case being Sessions Trial no. 02(09)/2020 pending before the learned Additional Sessions Judge, 6th Court, Alipore solely on the ground that the Court was lying vacant.
It appears from the report submitted by the learned Registrar, Judicial Service that the Court is no longer lying vacant, upon transfer of a learned Judicial Officer to the said Court.
The petitioner seeks expeditious disposal of the case.
It appears that charge-sheet was submitted in the case on 26th July, 2017 and charges were framed on 15th September, 2020. Out of 28 charge-sheeted witnesses only 6 witnesses have been examined till date.
2
In view of the long pendency of the case, the learned trial Court is directed to take the proceeding to its logical conclusion within two years from the next date of hearing fixed before him peremptorily without granting any unnecessary adjournment to either of the parties, in accordance with law.
CRR 3569 of 2024 is disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance of requisite formalities.
(Suvra Ghosh, J.)
2 issues framed by the court
Whether the long-pending criminal trial case should be disposed of expeditiously.
Whether the accused's application for expeditious disposal and transfer should be granted given the current vacancy status of the trial court.
Vijay Singh Chauhan
Op. Pt. no. 2
The State
Suvra Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
