Rubel Sk v. State Of West Bengal

C.R.R.1398 of 2024 D/L27 22.04.2024 Bpg.

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

Rubel Sk

Versus

The State of West Bengal Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose.

...for the petitioner.

Mr. Arijit Ganguly Mr. Sananu Talukdar.

...for the State.

Petitioner is anxious regarding the period of detention and the trial not having progressed in spite of the charge being framed. It has been informed that the prosecution has relied upon 13 witnesses to prove its case and the next series of dates are fixed on 2nd May, 2024.

Having considered the plight expressed by the petitioner, I am of the view that the learned trial court will fix a schedule consisting of three dates and fix such schedule once in every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. In case any witness is not available, the learned special court will directly communicate with the Superintendent of Police of the concerned district who would ensure regarding the availability of the witnesses' concerned or submit a report regarding the reasons for non-availability of the witnesses' concerned. Learned trial court would exercise its

discretion particularly with regard to the issue relating to compelling the witnesses to appear before the learned court. No unnecessary adjournment be granted to any of the parties. The trial of the case would continue in spite of any resolution of local bar and the participating advocates will not in any manner stall the proceedings because of such resolution. Learned Public Prosecutor conducting the case would produce all the materials, documents and exhibits on the date so fixed for examination of the witnesses' concerned. All stakeholders would cooperate with the trial court to conclude the trial at the earliest. With the aforesaid observations, CRR 1398 of 2024 is disposed of.

Pending connected application, if any, is 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 of all requisite formalities.

(Tirthankar Ghosh, J.)