Rakesh Kumar Singh v. State Of West Bengal

06.07.2023

IN THE HIGH COURT AT CALCUTTA

Item No.73 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1846 of 2023 In the matter of : Rakesh Kumar Singh ... Petitioner.

Mr. Amajit De, Ms. Shakshi Rathi, Mr. Pratik Acharjee ... For the Petitioner.

Mr. Bidyut Kumar Roy, Ms. Sujata Das ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Bidyut Kumar Roy, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The grievance of the petitioner is that Durgapur Police Station Case No. 109 dated 10.03.2019 was initiated more than four years ago and till date, after submission of chargesheet the case has not progressed. Learned advocate for the petitioner submits that there was delay for a considerable period of time and charge, as such is yet to be framed. According to the learned advocate, ten witnesses are to be examined as proposed by the prosecution in the chargesheet. Having considered the submissions advanced by the learned advocate for the petitioner, I direct the learned trial court to overcome the stage of consideration of charges on the next date so fixed or within a month thereafter. If the learned trial court is of the opinion that charges are to be framed, in that case, the learned trial court would fix at least a schedule

consisting of three dates and fix such schedule once in every 45 days, so that 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.

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.

With the aforesaid observations, the revisional application being CRR 1846 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.)