Disposed¶9

Swapan Kumar De and Others v. the State of West Bengal and Anr.

Calcutta HC16 Jul 2026CRR/5270/2025

Case brief

AI extract

What is this about?

Speedy trial / expeditious disposal direction; CRR 5270 of 2025; Swapan Kumar De v. State of West Bengal; G.R. Case No.3444 of 2010; Judicial Magistrate 1st Court Barasat; trial stalled 11 years; no witness examined since charge framed 03.06.2015; charge-sheet 07.08.2011; FIR/initiation 03.09.2010; direction to conclude trial within six months from next date of hearing; ends of justice; delay in criminal trial; Calcutta High Court; Dr. Ajoy Kumar Mukherjee, J.; disposed with direction.

What did the court decide?

Direction upon the Court below (learned Judicial Magistrate, 1st Court, Barasat) to make every endeavour for expeditious disposal of G.R. Case No.3444 of 2010 and to make best effort to conclude it within six months from the next date of hearing. ¶9

Swapan Kumar De and Others Vs the State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the petitioners' prayer for expeditious disposal of G.R. Case No.3444 of 2010, pending before the Judicial Magistrate, 1st Court, Barasat, should be allowed in view of the trial having been stalled for 11 years with no witness examined.

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Court's answer

Considering that the trial of G.R. Case No.3444 of 2010 has been stalled for 11 years, the Court found the petitioners' prayer justified and required to be allowed to secure the ends of justice.

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Ratio / Principle

The instant application CRR 5270 of 2025 was disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of G.R. Case No.3444 of 2010.

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Key takeaways

The Court below was directed to make its best effort to conclude the proceeding within six months from the next date of hearing.ratio¶9

Detailed headnote1 paragraphs

Calcutta High Court (Dr. Ajoy Kumar Mukherjee, J.), by order dated 16.07.2026 in CRR 5270 of 2025 (Swapan Kumar De & Ors. v. State of West Bengal & Anr.), disposed of the petitioners' prayer for expeditious disposal of G.R. Case No.3444 of 2010 pending before the learned Judicial Magistrate, 1st Court, Barasat. Noting that the criminal proceeding, initiated on 03.09.2010 with charge-sheet filed on 07.08.2011 and charge framed only on 03.06.2015, had remained stalled for 11 years without examination of a single witness, the Court held the prayer justified as necessary to secure the ends of justice and directed the Court below to make every endeavour for expeditious disposal and to conclude the trial within six months from the next date of hearing. Service of a copy of the application on the opposite party was dispensed with as the prayer was innocuous and non-prejudicial.

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16.07.2026 Sl. No.02. D/L. Mithun. Ct.No.29.

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CRR/5270/2025 Swapan Kumar De & Ors. Vs. State of West Bengal & Anr.

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Mr. Pritam Choudhury

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…for the petitioner Petitioners herein have prayed for expeditious disposal of G.R. Case No.3444 of 2010 pending before learned Judicial Magistrate, 1^st Court, Barasat.

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Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioners submits that the criminal proceeding in connection with aforesaid G.R. Case No.3444 of 2010 was initiated on 03.09.2010. After completion of investigation police submitted charge-sheet against the petitioners on 07.08.2011. Thereafter the charge was framed against the petitioners after four years on 03.06.2015. He submits that since then not a single witness has been examined for last 11 years and, as such, he prayed for appropriate direction upon the Court below.

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Having heard learned Counsel for the petitioners and that the prayer made by the petitioners is innocuous and if it is allowed in terms of the prayer made in the application, the opposite party will have no cause to prejudice and, as such, the service of copy of application upon the opposite party is dispensed with.

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¶8

Having considered the fact that the trial of the aforesaid criminal case has got stalled for a period of 11 years, I find that the prayer made by the petitioners is justified and is required to be allowed to secure the ends of justice.

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In view of above, the instant application being CRR 5270 of 2025 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being G.R. Case No.3444 of 2010 pending before learned Judicial Magistrate, 1^st Court, Barasat and to make his best effort to conclude the same within a period of six months from the next date of hearing.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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( Dr. Ajoy Kumar Mukherjee, J. )

Swapan Kumar De and Others v. the State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Swapan Kumar De and Others v. the State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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