Uttam Singh v. State Of West Bengal

C.R.R. No.1297 of 2022 D/L28 April 22, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Uttam Singh

Versus

The State of West Bengal Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishek Bose.

...for the petitioner.

Mr. Bidyut Kumar Roy, Ms. Sujata Das.

...for the State.

Records of the case reflect that although the learned court after framing of charge fixed schedule for examination of the witnesses, but none of the witnesses turned up in the month of March, 2022.

The order dated 09.03.2022 reflects that the next date has been fixed between 5th August, 2022 to 8th August, 2022 for examination of the C.S.W.1, 2 and 3.

Having regard to the fact that the petitioner is in custody since December, 2020, I am of the opinion that some interference is called for.

Mr. Bidyut Roy, learned advocate, who ordinarily appears on behalf of the State, is directed to represent on behalf of the State in this matter. His appointment may be regularised by the concerned authorities.

Having regard to the period of detention of the petitioner, I direct the learned trial court to fix at least dates/schedule once in every three months 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 dates/schedule should be fixed only after the learned public prosecutor assures the court regarding the availability of the witnesses.

With the aforesaid observations, CRR 1297 of 2022 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)