Dhananjoy Mondal v. State Of West Bengal

August 17, 2023 IN THE HIGH COURT AT CALCUTTA AD-20 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 1877 of 2023 In the matter of: Dhananjoy Mondal ... petitioner Mr. Sourav Chatterjee Mr. Soumya Nag ... for the petitioner.

Mr. Manoranjan Mahata ... for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Mahata, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. Learned advocate for the petitioner submits that the petitioner is in custody since 2022 but till date charge has not been framed and very recently supplementary chargesheet has been submitted along with the chemical examination report. He also submits that the next date has been fixed on 5th September, 2023 for consideration of charges.

Having considered the plight expressed by the petitioner, I direct that the learned trial court to overcome the stage of the consideration of charges on the next date so fixed or within a fortnight thereafter.

There are 13 witnesses in the initial charge-sheet and there will be some other witnesses in the supplementary charge-sheet.

Having regard to the same, the examination of the witnesses is bound to be completed.

Considering the detention of the petitioners and the process of examination of the witnesses, the trial court would fix schedule consisting of 3 dates and fix such schedule once in every 75 days, so that the trial of the case can be concluded at the earliest.

In case any witness is reluctant to appear, the special court would immediately communicate with the superintendent of police of the concerned district who would ensure regarding the presence of the witnesses as majority of witnesses belong to the police department. No unnecessary adjournment should be granted to the parties.

Public Prosecutor conducting the case would make available all the necessary documents, statements, materials and exhibits on the date on which the witness would appear before the court. All stakeholders must cooperate with the court to complete the trial within a reasonable period of time.

With the aforesaid observations, CRR 1877 of 2023 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )