Gourango Dutta \@Santo v. State Of West Bengal

09.12.2020 Item No.15 Ct.No.42 dc.

C.R.R. 773 of 2020 Gourango Dutta alias Santo versus The State of West Bengal Mr. Angshuman Chakraborty ... For the Petitioner.

Mr. Rana Mukherjee, Ms. Sujata Das ... For the State.

The learned advocate for the petitioner is present in Court.

The learned advocate for the petitioner is directed to serve a copy of the application upon Mr. Rana Mukherjee, learned advocate who ordinarily appears for the State. Mr. Chakraborty, learned advocate for the petitioner submits that the petitioner is in custody since 30th September, 2019 and till date charge has not been framed. The learned advocate further informs that the next date before the learned trial court is fixed on 19.01.2021 for consideration of framing of charge.

I have taken into account the period of detention of the accused in custody and also the fact that for the last couple of months, the courts have proceeded in a staggered manner. Having considered the period of detention of the petitioner for more than 14 months, I am of the opinion that the learned court should take a pragmatic approach for taking the trial of the case to its logical conclusion. As the next date is fixed on 19.01.2021 for consideration of framing of charge, the

learned court below would try to complete the said stage on that date or within a week from the date so fixed and thereafter try to accommodate the petitioner on each and every month by fixing a schedule so that within a reasonable period of time, there is substantial progress in the case. It has been informed that there are seven chargesheeted witnesses and all the witnesses belong to the police department. In view of such fact, the learned trial court would direct the learned Public Prosecutor concerned to communicate with the concerned department so that on the date so fixed, the witnesses are available before the court along with necessary documents required for proving the case.

For the time being, no time schedule is fixed, but the learned court below would see that there is no unnecessary adjournment sought for by either of the parties and also there is progress of the case on each and every month subsequent to 19.01.2021.

With the aforesaid observations, CRR 773 of 2020 is disposed of.

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

(Tirthankar Ghosh, J.)