Malay Mandal v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 387 of 2024 Malay Mondal -versus- The State of W. B & Ors.

Mr. Bikash Chandra Das ....for the petitioner.

Mr. Debasis Roy, ld. PP Mr. Arijit Ganguly Mr. S. D. Roy ....for the State.

Report submitted by the learned advocate for the State 16-05-2024 Subha Item no. 13 Ct no.34 be kept with the record.

Two of the accused persons were arrested as is reflected in the report namely Tapan Mondal and Biswajit Mondal. It is also reflected that one of the accused person has expired. Some more information has been shared with the Hingalganj PS in respect of one of the accused persons who has not been brought before the court. Hingalganj PS is directed to work out the information as has been informed by the Officer-in-Charge, Missing Persons Bureau, Criminal Investigation Department, West Bengal. Within 15 days the same should be worked out. The case is under Section 302 IPC and was initiated in the year 2013. Steps be taken by the learned Magistrate to commit to the learned Sessions Judge by 30th June, 2024.

A report be submitted regarding the availability in the

charge-sheet before the learned Sessions Judge in seisin of the matter immediately after the case is committed to the learned Sessions Court. The learned Sessions Court who would be in seisin of the matter or the transferee court who would be responsible for conducting the trial would take steps so that the charges are considered at the earliest preferably by 30th September, 2024. Thereafter, if the trial court is of the opinion that the trial of the case should proceed in that case the learned trial court would fix a schedule of three dates and fix such schedule once in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. The Inspector-in-Charge, Hingalganj PS will act as Nodal Officer and in case any witness is not available on the date so fixed, a report be submitted by him or he should ensure that on the next occasion the witness is available before the court The Public Prosecutor appearing in the case would produce the materials, documents and exhibits on the date fixed for examination of the witnesses concerned.

It is directed that the trial of the case would continue in spite of the resolution of the local bar and the learned participating/representing advocate will not stall the proceedings because of any such resolution.

All efforts be taken by the stake-holders to conclude the trial at the earliest.

With the aforesaid observations, the present revisional application being CRR 387 of 2024 is disposed of.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]