Sahajan Molla v. State Of West Bengal

22.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.7 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1170 of 2024 In the matter of : Sahajan Molla ... Petitioner.

Ms. Malashree Ghosh ... For the Petitioner.

Ms. Sreyashee Biswas, Ms. Puja Goswami ... For the State.

Report dated 16.04.2024 submitted by the learned advocate appearing for the State be kept with the record. The petitioner has prayed for expeditious disposal of Criminal Case N-157/2021 arising out of Basirhat Police Station Case No. 837 of 2021 dated 21.11.2021. It has been informed that after framing of charge in connection with the said case, only two witnesses out of 20 cited charge-sheeted witnesses have been examined till date. The next series of dates have been fixed by the learned Special Court on and from 03.07.2024.

Having considered the fact that the prosecution intends to examine about 18 witnesses more, I direct the learned trial court to fix a schedule consisting of three dates and fix such schedule once in every two months so that trial of the case can be taken to its logical conclusion within a reasonable period of time.

In case any witness is absent on the date so fixed, the learned trial court would communicate with the Superintendent of Police of the concerned district for ensuring the presence of the witness concerned or in the alternative submit a report before the court in respect of their

non-availability. If any lame excuse is forwarded, the learned trial court would exercise its discretion in accepting such reasoning or issuing harsher process of law.

Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders should cooperate with the learned trial court to conclude the trial at the earliest.

The trial of the case would continue in spite of any resolution of the local Bar and the participating advocates will not stall the proceedings in any manner whatsoever. With the aforesaid observations, the revisional application being CRR 1170 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)