Rubel Mondal v. State Of West Bengal

C.R.R.2503 of 2023 With CRAN 1 of 2023 D/L55 02.01.2024 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Rubel Mondal

Versus

The State of West Bengal Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose.

...for the petitioner.

Mr. Ranadeb Sengupta.

...for the State.

Mr. Sengupta, learned advocate appearing for the State submits that he was not instructed properly and, accordingly, he was of the opinion that one of the accused persons was absconding and, as such, on 18.08.2023 he submitted for exhausting harsher process in respect of an absconding accused. Learned advocate further submits that prior to the said date, all the accused persons who were implicated has entered their appearance and are facing the trial.

Mr. Arnab Chatterjee, learned advocate appearing for the petitioner submits that the next date has been fixed by the learned special court on 28th February, 2024.

In view of such submissions being made by the petitioner as well as on behalf of the State, I direct that the learned trial court would take steps with regard to the progress of the trial as the case was registered in the year 2022. Accordingly, after the stage of

consideration of charge, if the learned special court is of the opinion that the trial of the case should proceed, then in that case, the learned special court would fix at least a schedule consisting of three dates and fix such schedule once in every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. Needless to state that in case any of the witnesses belonging to the Government Department is reluctant to appear, intimation be sent to the office of the Superintendent of Police, Murshidabad, who would take steps for ensuring the presence of the witnesses' concerned.

The public prosecutor conducting the case would produce the materials, exhibits and documents on the date fixed for examination of the witnesses.

All stakeholders would co-operate with the learned trial court so that the trial is concluded at the earliest. With the aforesaid observations, CRR 2503 of 2023 along with CRAN 1 of 2023 is disposed of.

Pending other connected applications, if any, are 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.)