Azharuddin Mondal v. State Of West Bengal

July 4, 2023 AD -110 Ct. 34 SG CRR 2386 of 2023 Azharuddin Mondal -versus- The State of West Bengal Mr. Angshuman Chakraborty Mr. S.S. Saha ... for the petitioner Mr. S.G. Mukherjee, ld. PP Ms. Sujata Das ... for the State The petitioner is directed to serve a copy of the revisional application upon Ms. Das, 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 the petitioner is in custody since June, 2021 and charge-sheet has been submitted before the jurisdictional court, charge has already been framed.

In spite of spending more than 24 months, out of the 10 prosecution witnesses so cited in the charge-sheet, only 2 witnesses have been examined till date and the next date has been fixed in August, 2023.

Having regard to the factum of the petitioner being in custody without substantial progress in the trial for about 25 months, learned trial court is to see that at least 3 dates consisting of a schedule be fixed once in a month for the purpose of the trial of the case. If witnesses belonging to the government department do not appear, the

superintendent of police of the concerned district would be notified for ensuring presence of such witness before the court. The SP particularly in such case would exercise extra caution for ensuring the presence of the witnesses as directed by the learned trial court.

No unnecessary adjournment should be granted to either of the parties.

Learned Public Prosecutor conducting the case would produce the materials, documents and exhibits on the date so fixed for examination of the witnesses. All the stakeholders would cooperate with the learned trial court so that trial is concluded at the earliest.

With the aforesaid observations, CRR 2386 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. ( Tirthankar Ghosh, J. )