Bipul Roy v. State Of West Bengal And ANR

21.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.42 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 565 of 2024 In the matter of : Bipul Roy ... Petitioner.

Mr. Shibaji Kumar Das ... For the Petitioner.

Ms. Rituparna De Ghose ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 07.01.2023 and although charge has been framed in connection with Jetia Police Station Case No. 210 of 2022 corresponding to S.T. No. 05(7)23/S.C. No. 39 of 2023, however, after examination-inchief of three witnesses there has been no progress in the trial of the case and the prosecution in order to prove its case has relied upon 12 witnesses. Learned advocate for the petitioner submits that in spite of the petitioner being in custody, the witnesses were not present in court in the last schedule and as such, the learned trial court was pleased to fix 09.05.2024 as the starting date for the next schedule for examination of the prosecution witnesses.

I have considered the submissions advanced on behalf of the petitioner.

Learned advocate appearing for the State submits that the directions passed by this Court would be adhered to and necessary instructions would be sent to the Commissionerate.

Having considered the fact that the petitioner is in custody, I direct the learned trial court being the learned

Additional Sessions Judge, Fast Track Court No.1, Barrackpore to fix schedule on and from the month of May 2024 once in every 45 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment be granted to any of the parties.

The Deputy Commissioner in-charge of Jetia Police Station attached to the Barrackpore Police Commissionerate will act as a nodal officer and in case any information/communication is sent by the court for ascertaining the availability of the witnesses, the concerned officer would submit a report before the court or ensure availability of the particular witness on the dates so fixed before the learned trial court.

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 would cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 565 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.)