Santu Biswas v. State Of West Bengal

10.06.2022

IN THE HIGH COURT AT CALCUTTA

Item No.27 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1494 of 2022 Santu Biswas versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Arunava Ganguly, Mr. Pijus Choudhury ... For the Petitioner.

Md. Anwar Hossain, Ms. Manisha Sharma ... For the State.

Learned advocate for the petitioner is anxious regarding the fact that the petitioner is in custody since 10.11.2019 and there has been no progress in the trial of the case although charge-sheet has been submitted and the learned trial court was pleased to fix date on 16.02.2022.

Records reflect that the learned Special Court was pleased to fix schedules on 29.06.2022, 30.06.2022 and 01.07.2022 for examination of CSWs 1, 2 and 3 respectively. In view of the prayer so advanced, the learned advocate for the petitioner was directed to serve a copy of this revisional application upon Ms. Manisha Sharma, learned advocate who ordinarily appears for the State.

Her appointment may be regularised by the concerned authorities.

Having regard to the fact that the petitioner is in custody for more than 1 year 7 months, I am of the opinion that anxiety of the petitioner is justified. Accordingly, the

learned trial court is directed to fix schedule consisting of three dates of the present case on each and every 60 days, 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. The public prosecutor representing the prosecution would ensure that the witnesses appear on the schedule dates so fixed before the learned trial court.

With the aforesaid observations, the revisional application being CRR 1494 of 2022 is disposed of. All pending connected applications, if any, are consequently disposed of.

All 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.)