Rinku Mandal v. State Of West Bengal

23.11.2022 S/L No.83 KS C.R.R. 2056 of 2022 Smt. Rinku Mandal -Vs.- The State of West Bengal Mr. Arnab Chatterjee Ms. Dhanasree Biswas ..... For the Petitioner Mr. Anwar Hossain Ms. Manisha Sharma .....For the State Learned advocate appearing for the petitioner submits that he is in custody since May, 2021 and till date only one witness has been examined although the prosecution has relied upon ten witnesses to prove his case. Petitioner is directed to serve a copy of the revisional application upon Mr. Anwar Hossain, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned authorities.

Records reflect that the next date has been fixed in the month of February, 2023.

Having regard to the fact that for about one and half years the petitioner is in custody, I direct that the learned Special Court should fix a schedule consisting of three dates and a schedule must be fixed on each and every month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. It is further directed that in case a witness is absent without any reasonable cause in that case, the learned Special Court would issue harsher process of law and if required inform the superior to show cause as to why the witness without any

reasonable cause is absent. Learned Public Prosecutor conducting the case should ensure the Court regarding the availability of the witnesses and the schedule would be fixed only thereafter. The material exhibits which are to be admitted in evidence particularly the seized 'Alamats' should be available before the Court when the witness is being examined and in case the prosecution fails to produce the same, the Learned Special Court would be at liberty to impose costs. All efforts must be taken for concluding the trial within a reasonable period of time. In case within a year the trial of the case is not completed, the Superintendent of Police would engage a Nodal Officer in the rank of a D.S.P. who would monitor the day to day progress of the trial. Learned Special Court would inform the Superintendent of Police so that within a month after a year all steps are taken for conclusion of the evidence.

With the aforesaid direction, C.R.R. 2056 of 2022 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)