Partha Saha v. Poly Naskar

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 19-09-2023 Subha Item no. 35 Ct no.34 CRR 813 of 2023 Partha Saha -versus- Poly Naskar & Anr.

Mr. Aviroop Bhattacharya .....for the petitioner.

Mr. Md. Anwar Hossain Mrs. Ratna Ghosh ...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mrs. Ratna Ghosh, learned advocate who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. Learned advocate for the petitioner expresses his grievance as the case was initiated in the year 2016 and in the same year chargesheet was submitted wherein six witnesses have been relied upon by the prosecution.

Learned advocate submits that charge has already been framed but till date no witness has been examined for the last seven years.

In view of the submissions so advanced, I am of the opinion that the anxiety expressed by the petitioner is justified.

Accordingly, the learned A. C. J. M., 1st court, Baruipur is directed to fix a schedule consisting of three dates and such schedule be fixed at least once in every forty-five days for the purpose of Baruipur P.S. Case No. 1536 of 2016 so that the examination of the

witnesses are completed within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties and in case any witness is absent, the learned Magistrate would communicate with the Inspector-in-Charge of the Bauruia Police Station who would take steps for ensuring the appearance of the witnesses before the learned trial court.

The Public Prosecutor appearing in the case would produce the materials, documents and exhibits on the dates fixed for examination of the witnesses concerned. All efforts be taken by the stake-holders to cooperate with the trial court so that the trial is concluded within a reasonable period of time. With the aforesaid observations, the present revisional application being CRR 813 of 2023 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]