Faruk Biswas v. State Of West Bengal And ORS.

C.R.R. No.1885 of 2022 D/L60 June 14, Bpg.

In Re: An application under Article 227 of the Constitution of India; Faruk Biswas

Versus

State of West Bengal Mr. Md. Younush Mondal.

...for the petitioner.

Mr. Anwar Hossain, Ms. Sujata Das.

...for the State.

The petitioner is aggrieved by the fact that since 23rd November, 2019 the petitioner is in custody, yet only one witness has been examined till date.

Learned advocate for the petitioner submits that 21⁄2 years have passed and the manner in which the case is progressing is unnecessarily creating hardship to the present petitioner. In view of the submissions so advanced, Mr. Anwar Hossain, learned advocate, who ordinarily appears on behalf of the State is directed to represent the State. His appointment may be regularised by the concerned authorities.

Charge-sheet reflects that the prosecution has relied upon eight witnesses and subsequently few witnesses have been added in the supplementary charge-sheet.

Having regard to the period of detention undergone by the present petitioner, I direct the learned trial court to fix at least a schedule consisting of three dates on each and every 45 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 and the date should be fixed after the public prosecutor assures the court regarding the availability of the witnesses.

With the aforesaid observations, CRR 1885 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.)