Suman Adhikary v. State Of West Bengal

C.R.R.2239 of 2023 D/L16 22.06.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Suman Adhikary

Versus

The State of West Bengal Mr. Angshuman Chakraborty, Mr. Shashanka Shekhar Saha.

...for the petitioner.

Ms. Faria Hossain, Ms. Baisali Basu.

...for the State.

Mr. Chakraborty, learned advocate for the petitioner is directed to serve a copy of the revisional application upon Ms. Baisali Basu, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

Learned advocate for the petitioner submits that he was arrested on 3rd November, 2021 and till date he is in custody. The investigating authority have relied upon 13 witnesses and the charge-sheet was submitted but till date none of the witnesses have been examined in spite of the charge being framed on 2nd June, 2023.

Learned advocate further submits that the next date has been fixed by the learned special court on 14th August, 2023. The anxiety expressed by the learned advocate appearing for the petitioner is justified.

In view of the fact that the petitioner is in custody for

about 20 months, it is directed that no unnecessary adjournment should be granted to either of the parties. Learned pubic prosecutor conducting the case would produce the materials, exhibits and documents on the date fixed for examination of the witnesses. The learned special court would fix a schedule consisting of three dates and such schedule be fixed once in every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. If any departmental witness is absent, immediate communication must be made to the office of the Superintendent of Police concerned who would take steps for ensuring appearance of the witness on the next date so fixed. All stakeholders are directed to take efforts and co-operate with the learned trial court so that the trial is concluded at the earliest.

With the aforesaid observations, CRR 2239 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 photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)