Kishore Biswas @ Lebu v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 28-09-2022 Subha Item no.38 CRR 506 of 2021 Kishore Biswas @ Lebu.

-versus- State of West Bengal.

Ct no.34 Re : An application under Section 482 of the Code of Criminal Procedure. Mr. Sudip Ghosh Chowdhury Mr. Argha Das ...for the Petitioner.

Mr. S. G. Mukherji, ld PP, Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ....for the State.

Report submitted by the learned advocate for the State be kept with record. Report reflects that charges have also been framed and the date for evidence has been fixed by the learned trial court between 5th January, 2023 to 7th January, 2023.

Having regard to the fact that the petitioner is in custody since March, 2020, I am of the view that the proper steps should be taken so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. A report has been submitted by the Investigating Officer of the case which reflects that majority of the witnesses are working within the jurisdiction of the district of Hooghly.

Taking into account the period which has already been served by the present petitioner, I direct the learned trial court to fix a schedule of three dates and fix at least one schedule each month so that the trial of the case can be taken to its logical conclusion at the earliest. No unnecessary adjournment should be granted to either of the parties and the Public Prosecutor conducting the case should ensure the court

regarding the availability of the witness prior to the date/schedule being fixed by the trial court. All efforts should be taken by the State to produce the witnesses on the dates so fixed by the learned trial court. Any absence on any flimsy ground would entitle the court to exhaust harsher process of law. With the aforesaid observations, the revisional application being CRR 506 of 2021 is disposed of.

Pending applications, if any, are consequently 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]