Rajesh Mondal v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 09-06-2022 Subha Item no.42 Ct no.34 CRR 1123 of 2022 In the matter of : Rajesh Mondal .....petitioner. In Re : An application under Section 483 of the Code of Criminal Procedure.

Mr. Kamalesh Chandra Saha Ms. Debjani Roy Chowdhury ......for the petitioner.

Mr. Arijit Ganguly Ms. Manisha Sharma ....for the State.

Mr. Saha, learned advocate appearing on behalf of the petitioner submits that the petitioner is in custody since 17th November, 2020 and according to him although charge has been framed, yet no evidence till date has been recorded. In view of the aforesaid, a copy of the revisional application is directed to be served upon Mr. Arijit Ganguly, learned advocate who ordinarily appears on behalf of the State. The appointment of Mr. Ganguly, learned advocate may be regularized by the concerned Authorities in due course.

Having regard to the fact that the petitioner is in custody since the inception of the case and the Investigating Agency at the time of submission of the chargesheet relied upon seven witnesses and some more witnesses at the time of submitting supplementary chargesheet, I am of the opinion that the evidence of the case should

proceed smoothly when the custodial trial of a case is in progress. Accordingly, the learned special court is directed that on and from the next date, a schedule consisting of three days must be fixed and there should be at least one schedule on each and 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 should be granted to either of the parties and a schedule should be fixed after the Public Prosecutor conducting the case assures the court regarding the availability of the witnesses.

With the aforesaid observations, the revisional application being CRR 1123 of 2022 is 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]