Hanif Goldar And ORS v. State Of West Bengal And ANR

26.06.2023 Ct. No. 34 sdas C.R.R. 2284 of 2023 In Re : An application under Section 483 of the Code of Criminal Procedure.

And In Re : Hanif Goldar & Ors. ..........petitioners Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal ..... for the petitioners Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg ...... for the State Learned Counsel for the petitioners is directed to serve copy of this application to Mr. Mirza Firoj Ahmed Begg, learned Counsel, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. Learned Counsel appearing for the petitioners submits that although the case was initiated in the year, 2009 and the sessions trial commenced in the year, 2011 till date in the last 12 years out of 12 witnesses proposed to be examined by the prosecution, only 5 witnesses have been examined till date. It is also submitted that inspite of earlier direction for concluding the trial within the scheduled time the said was not adhered.

Without going into the details who is responsible for such act, I am of the view that anxiety expressed by the petitioners are justified. Learned Sessions Judge, 4th court, Barasat, 24 Parganas (North) is directed to fix schedule of four days and fix

the schedule once in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period. Learned Public Prosecutor conducting the case would produce the materials, exhibits and documents on the date fixed for examination of witnesses.

In view of delay of more than a decade I direct the Additional S.P./SDOP/DSP in Charge of Deganga Police Station to act as a Nodal Officer of the case and take steps for ensuring the presence of the witnesses on the date so fixed by the learned trial court. All efforts be taken to conclude the trial by 31st January, 2024. With the aforesaid observations the revisional application being CRR 2284 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server coy 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.)