Birupam Sarkar @ Bhona v. State Of West Bengal

11.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.9 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 410 of 2024 In the matter of : Sri Birupam Sarkar @ Bhona ... Petitioner. Mr. Debasis Kar, Ms. J. Mitra ... For the Petitioner.

Mr. Rudradipta Nandy, Mr. Asraf Mondal ... For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

Memo of Evidence and report submitted by the learned advocate appearing for the State be also kept with the record. Petitioner submits that more than 14 months have passed since he has been arrested in connection with the instant case and although charge has been framed, but till date none of the witnesses have been examined. It has been submitted that next date is fixed on 27.03.2024. In view of the petitioner being in custody for more than 14 months, I direct the learned Special Court to expedite the process of trial by fixing a schedule consisting of three dates and fixing such schedule once in every 75 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties.

In case any witness is absent on the date so fixed, the learned trial court would communicate with the Superintendent of Police/Commissioner of Police of the concerned district for ensuring the presence of the witness

concerned. In case any witness is absent, a report be sent assigning the reasons for absence of the witness concerned. Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders should cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 410 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)