Paban Kumar Modi @ Pawan Kumar Modi And Another v. State Of West Bengal

17.05.2024 Serial no. 7 [G.S.D] CRR 1851 of 2024 In the matter of : Paban Kumar Modi @ Pawan Kumar Modi & Anr.

... ... Petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ... for the petitioners Mr. Debasish Roy Mr. Saryati Dutta Mr. Saibal Kr. Dasgupta ... for the State The petitioner is aggrieved by the fact of delay caused in the progress of the case.

I find that the present case is of the year 2023 being Farakka P.S. Case No. 237 of 2023 and the last of the ordersheet reflects that in December, 2023, chemical examiner's report was submitted before the ld. Special Court. Having considered the period which has expired since the arrest of the present petitioner, I direct the ld. trial court to take all efforts to conclude the process of examination and framing of the charge(s) on the next date so fixed or, within a fortnight thereafter.

If, after consideration of charges, the ld. trial court is of the opinion that the trial of the case should proceed, in

that case, the ld. trial court would fix a schedule consisting of three dates and fix such schedule once in every three months so that the trial of the case be can be taken to its conclusion within a reasonable period of time. In case, any witness is absent, in that case, the ld. trial court would communicate with the Superintendent of Police, Murshidabad, who would ensure regarding the availability of the witnesses or, in the alternative, submit a report before this court assigning reasons for nonavailability of the witnesses. No unnecessary adjournments be granted to any of the parties. Ld. Public Prosecutor conducting the case would produce the materials, exhibits and documents on the date so fixed for examination of the witnesses. All stakeholders would cooperate with the ld.

trial court so that the trial of the case is concluded at the earliest. The trial of the case would continue in spite of any resolution of the local Bar and the participating advocates in any manner or the other will not stall the proceedings in spite of such resolution. With the aforesaid observations, CRR 1851 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)