Md. Tajibur Rahaman @ Md. Tazibur Rahaman @ Taju v. State Of West Bengal

30.04.2024 Serial no. 4 [G.S.D] CRR 1097 of 2024 In the matter of : Md. Tajibur Rahaman @ Md. Tazibur Rahaman @ Taju ... ... Petitioner Mr. Somnath Adhikary ... for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State Report submitted by the Superintendent of Police (SP), Murshidabad Police District, be kept with the record. The records of the case reflect that out of the five witnesses, who are left till date, one witness, namely, Sadirul Hoque of Bhagwangola PS, has expired on 19.10.2021.

According to the report, the rest of the four witnesses are available and the other four witnesses have already been examined by the ld. Trial court. The case is of the year 2014.

Having considered the time period which has lapsed, I direct the ld. Trial court to issue notice to the concerned SP in case, any witness is not available on the date so fixed, as rest of the witnesses, as is reflected, belong to the police department.

The S.P. of the concerned district or any officer deputed by him will answer regarding the availability of the witnesses or the reasons for non-availability. The ld. Trial court will not accept any lame excuse of being absent on the date so fixed.

It is reiterated that the office of the concerned S.P. will ensure regarding the availability of the witnesses concerned. Ld. Public Prosecutor conducting the case will produce the exhibits, materials and documents on the next date so fixed for examination of the witnesses concerned. No unnecessary adjournment be granted to any of the parties. The trial of the case would continue in spite of any resolution of the local bar and the ld. Advocates conducting the case will not stall the proceedings because of any resolution. All stakeholders will cooperate with the ld. Trial court so that the trial is completed at the earliest. The ld. Trial court will fix a schedule consisting of three dates and fix such schedule once on every 20 days till completion of the trial.

With the aforesaid observations, CRR 1097 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)