Ritesh Kumar Shaw v. State Of West Bengal

03.01.2024

IN THE HIGH COURT AT CALCUTTA

Item No.37 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1773 of 2023 In the matter of : Ritesh Kumar Shaw ... Petitioner.

Mr. Pawan Kumar Gupta, Mr. Awadesh Kumar Rai, Ms. Sofia Nesar, Mr. Santanu Sett ... For the Petitioner.

Mr. Dipankar Paramanick ... For the State.

Report dated 01.01.2024 submitted by Mr.

Paramanick, learned advocate appearing for the State be kept with the record.

The Deputy Commissioner of Police, Central Barrackpore Police Commissionerate who is in-charge of Khardah Police Station is in know-how regarding the delay of the proceedings and according to him, nine witnesses are to be examined. The next date is fixed on 04.01.2024. In view of the delay already occasioned in respect of a case of the year 2011, I direct that the learned trial court would fix a schedule consisting of three dates on and from 04.01.2024 and fix such schedule once in every month. If the witnesses do not appear, the learned trial court would communicate with the Deputy Commissioner of Police, Central Barrackpore Police Commissionerate who would ensure regarding the availability of the witnesses on the dates so fixed. In case a witness cannot be traced out, a report of compliance must be filed before the learned trial court by the Deputy Commissioner of Police, Central Barrackpore Police Commissionerate.

Since more than 12 years have passed, I direct the Deputy Commissioner of Police, Central Barrackpore Police Commissionerate to take sincere efforts and to see that there is no dearth of efforts on behalf of the State to conclude the trial within a reasonable period of time.

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 efforts be taken by the learned trial court so that the prosecution evidence is over by 30.06.2024.

The learned trial court would thereafter fix dates for examination of accused under Section 313 of the Code of Criminal Procedure and defence evidence and try to deliver the judgement on or before 30.11.2024.

With the aforesaid observations, the revisional application being CRR 1773 of 2023 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.)