Alia Bibi And Others v. State Of West Bengal

03.07.2023

IN THE HIGH COURT AT CALCUTTA

Item No.129 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2358 of 2023 In the matter of : Alia Bibi & Ors.

... Petitioners.

Mr. Arnab Chatterjee, Ms. Poulami Bose ... For the Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Sandip Chakraborty ... For the State.

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

Learned advocate appearing for the petitioners submits that the petitioners are in custody for about 250 days and the investigating agency on conclusion of investigation, submitted charge-sheet on 18.04.2023. In order to prove its case, 15 witnesses have relied upon by the prosecution out of which 12 witnesses belong to the government department. The petitioners are in custody and it has been stated that one of the petitioners happens to be mother of two children. Having considered the anxiety expressed by the petitioners, I am of the view that the apprehension expressed is justified. Accordingly, the learned trial court is directed to take steps for fixing schedule of at least three dates on and from September 2023 and fix a 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.

If any of the witness is not appearing, in that case, immediate notice be sent to the Superintendent of Police of the concerned district so that the presence of the witnesses can be ensured on the dates so fixed.

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.

All stakeholders should cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 2358 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.)