Firjul Sk @ Layeb v. State Of West Bengal

19-04-2022 Subha Item no.46 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 1163 of 2022 In the matter of : Firjul Sk. @ Layeb .....petitioner. In Re : An application under 482 of the Code of Criminal Procedure. Mr. Shataroop PUrkayastha Ms. Jagriti Bhattacharya ....for the petitioner.

Ms. Manisha Sharma ....for the State.

Mr. Purkayastha, learned advocate for the petitioner submits that the petitioner is in custody since August 2018 and till date only two witnesses have been examined out of number of chargesheeted witnesses relied upon by the prosecution to prove its case. Learned advocate for the petitioner submits that much time has been consumed by the Investigating Agency for submitting the Chemical Examiner's Report and the same is the main cause of delay. Ms. Sharma, learned advocate appears on behalf of the State. Having regard to the period for which the present petitioner is in custody, I am of the opinion that the learned court should expedite the progress of the trial as more than three and half years have passed since the petitioner is in custody.

Accordingly, it is directed that the learned special court would from the next date/schedule be pleased to fix the case on each and every month for a period of three days constituting a schedule.

No unnecessary adjournments should be granted to either of the parties and the Public Prosecutor conducting the case before the trial court would assure court regarding the availability of the witnesses prior to the date being fixed.

With the aforesaid observations, the revisional application being CRR 1163 of 2022 is disposed of.

All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

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]