Alamgir Sardar And Another v. State Of West Bengal

30.08.2022

IN THE HIGH COURT AT CALCUTTA

Item No.106 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3025 of 2022 Alamgir Sardar & Anr.

versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, filed in connection with Swarupnagar Police Station Case No. 769 of 2020 dated 17.12.2020.

Mr. Kusal Kumar Mukherjee ... For the Petitioners.

Md. Anwar Hossain, Ms. Manisha Sharma ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners were arrested on 17.12.2020 and after the charge-sheet was submitted and supply of copies, charge was framed on 24.09.2021. Learned advocate submits that there are 12 witnesses relied upon by the prosecution, but in spite of the best efforts, only two witnesses have been examined till date, although all the witnesses so cited are associated with the different departments of the government. In view of such submission, the petitioners were directed to serve to serve copy of this revisional application upon Ms. Manisha Sharma, learned advocate who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

Records reveal that the petitioners are in custody for about one year nine months. The same obviously is a cause of anxiety. Having regard to the same, I direct the learned

trial court to fix schedule consisting of at least three dates on each and every month on and from November 2022. Learned court will fix a schedule and direct the witnesses to appear only after the learned public prosecutor assures regarding the availability of the witnesses on the date so fixed. No unnecessary adjournment should be granted to either of the parties and all efforts must be taken to conclude the trial within a reasonable period of time keeping in mind the fact that the present is a case of custodial trial. With the aforesaid observations, the revisional application being CRR 3025 of 2022 is 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 with all requisite formalities.

(Tirthankar Ghosh, J.)