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Calcutta High CourtCRR/746/2023disposed

Syed Kaju Dewan v. State Of West Bengal And ANR

2023-10-11Hon'Ble Justice Tirthankar Ghosh2 pages

11.10.2023 Court No.34 Sl. No.31 ss/SD CRR 746 of 2023 In Re: An application under Section 483 of the Code of Criminal Procedure, 1973.

In the matter of: Syed Kaju Dewan ... Petitioner.

Mr. Sumanta Ganguly Mr. Rajib Lochan Chakraborty Mr. Priyanjit Kundu ... for the Petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... for the State.

Learned advocate appearing for the petitioner is directed to serve copy of this revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State. His appointment may be regularized by the concerned authorities. Learned advocate appearing for the petitioner submits that the petitioner is in custody since December 2019 and till date, out of the ten witnesses cited by the prosecution in the charge-sheet. The evidence of PW1 is not complete.

Having regard to the fact that almost 3 years 10 months have passed since the initiation of the case and the petitioner being detained in custody, I am of the view that the anxiety expressed by the petitioner is justified.

Accordingly, learned trial court is directed to fix a schedule consisting of three dates and fix a schedule once in every month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment shall be granted to either of the parties.

Learned Additional Commissioner of Police-in-Charge of Special Tasks Force would act as a Nodal Officer of the case and ensure regarding the production of the witnesses on the date so fixed by the learned Special 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 746 of 2023 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. (Tirthankar Ghosh, J.)