Alamgir Sardar And Another v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 30-01-2024 Subha Item no. 10 Ct no.34 CRR 2713 of 2023 Alamgir Sardar and anr.

-versus- State of West Bengal Mr. Tanmoy Biswas Ms. Antara Mukherjee .....for the petitioners.

Ms. Ratna Ghosh ......for the State.

In spite of the earlier direction dated 26th July, 2023, no supplementary affidavit has been filed by the petitioners. Learned advocate appearing for the petitioners submits that the petitioners are in custody since 27th October, 2022 and till date charges have not been framed in spite of the chargesheet having been submitted.

According to the learned advocate for the petitioners the next date is fixed on 17th April, 2024 and the prosecution in the chargesheet has relied upon 17 witnesses in order to prove its case. Having considered the period of detention of the petitioners, I direct that the learned trial court would on the next date so fixed overcome the stage of consideration of charges. In case, there is any difficulty to conclude the process of consideration of charges on 17th April, 2024, the learned trial court would ensure that the process of consideration of charges is completed by 26th April, 2024. Thereafter, on and from the month of May, 2024, the learned

trial court on each and every forty five days would fix a schedule consisting of three dates for the purposes of the present case. As there are 17 witnesses the learned trial court would take steps so that on the dates so fixed, the witnesses are present in court. The office of the Superintendent of Police of the concerned District be communicated so that the efforts are taken by the office of the Superintendent of Police of the concerned District to ensure that the witnesses are present on the dates so fixed or in the alternative, a report be submitted so that the court comes to a conclusion regarding the availability of the witnesses concerned. No unnecessary adjournments be granted to either of the parties.

The public prosecutor conducting the case representing the State would produce exhibits, materials and documents on the dates so fixed for examination of the witness concerned. All efforts be taken by the stake-holders to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 2713 of 2023 is disposed of.

Pending applications, if any, are disposed of accordingly. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]