Saddam Mondal @ Pailot And Another v. State Of West Bengal

C.R.R.777 of 2024 D/L11 14.03.2024 Bpg.

In Re: An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973;

Saddam Mondal @ Pailot and another

Versus

The State of West Bengal Mr. Debanshu Ghorai Mr. Anisur Rahman.

...for the petitioners.

Ms. Sonali Das.

...for the State.

Affidavit of service so filed by the petitioner be kept with the record.

Petitioners are aggrieved by the fact that they are in custody since 6th July, 2022 and in spite of remaining in custody for more than 17th months, only three of the witnesses have been examined out of ten witnessed cited by the prosecution. It has also been informed that the next schedule has been fixed on and from 20th March, 2024.

Learned trial court henceforth would fix schedule consisting of three dates and fix such schedule once in every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. As seven witnesses are left and most of the witnesses are from the Police Department, I direct the Superintendent of Police of Murshidabad District to take steps so that the witnesses are available on the date so fixed by the learned trial court. In case any witness is absent, a report should be

submitted that the absence is because of reasons beyond control. No lame excuses of the absence of the witnesses be accepted by the learned special court. Learned public prosecutor conducting the case would produce all the materials, documents and exhibits on the date so fixed for examination of the witnesses. All stakeholders would cooperate with the trial court to conclude the trial at the earliest.

With the aforesaid observations, CRR 777 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)