Ajay Kumar vs Central Bureau Of Investigation
2023 Latest Caselaw 7570 Cal

Calcutta High Court (Appellete Side)

Ajay Kumar vs Central Bureau Of Investigation on 6 December, 2023

06.12.2023

Court No.30 BM CRR 4109 of 2023

Ajay Kumar Vs. Central Bureau of Investigation

Mr. Milon Mukherjee, Sr. Adv.

Mr. Biswajit Manna ... for the petitioner Mr. Amajit De, Special PP Mr. Aparna Banerjee ... for the CBI

The present revisional application has been preferred praying

for expeditious disposal of the proceeding in Session Case

No.103/2008(Sessions Trial No.2(April) 2011), pending before the

court of the learned Additional Sessions Judge, Bench II, Bichar

Bhaban, Calcutta, which arose out of R.C Case No.18(S)/2007-

SCU.1/CBI/SCR-1.

Learned counsel for the petitioner has submitted that the

present case relates back to an unfortunate incident in the year

2007.

The case was sent up for trial in the year 2008.

Learned counsel for the CBI present in court submits that

unfortunately only one witness out of 184 witnesses have been

totally examined in the last 15 years.

Vide an order dated 17.10.2023 as taken from CIS, it appears

that the Judge, Bench-II, City Sessions Court, has fixed the next

date of hearing on 09.02.2024 which prima facie shows that the

court is also not making any endeavour to proceed with the case

expeditiously in spite of the said case pending for last 15 years. A copy of the Aadhar card in respect of the petitioner has

been placed before this court duly attested by the learned Advocate

on Record from wherein it appears that the petitioner's date of birth

is 27.08.1966 and as such, he is nearing his retirement.

From the materials on record, it is clearly apparent that the

total proceeding is not being taken seriously by the prosecution and

nor the court.

In spite of said proceeding being very sensitive in nature no

effort is being put in by the court and nor the prosecution to come

to a logical end in the present case. The reason for delaying

proceeding endlessly for last 15 years wherein only one witness has

been examined in full out of 784 witnesses. This court has no other

option but to presume that there is clear abuse of process of

law/court.

Accordingly, it is directed that the trial court shall proceed

with the trial on day to day basis starting from 8th January, 2024

and shall not grant unnecessary adjournment to either parties.

The trial Judge shall make all endeavour to conclude

Sessions Trial finally by December, 2024.

Let a copy of this order be sent through the Registrar

General, High Court to the learned Chief Judge, City Sessions

Court who shall personally supervise the progress in the present

case and take necessary steps in accordance with law to comply

with the direction of this court.

The Criminal Revision being CRR 4109 of 2023 is accordingly

disposed of.

All connected applications stand disposed of. Copy of this judgment be sent to the learned Trial Court

forthwith for necessary compliance.

Urgent certified website copy of this judgment, if applied for,

be supplied expeditiously after complying with all, necessary legal

formalities.

( Shampa Dutt (Paul), J. )