Litan Hussain v. State Of West Bengal
11.08.2023 Serial no. 6 [G.S.D] CRR 2876 of 2023 In the matter of : Litan Hussain ... ... Petitioner Mr. Angshuman Chakraborty Mr. S.S. Saha ... For the Petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... for the State The petitioner is directed to serve a copy of this revisional application upon Mr. Arijit Ganguly, Learned Advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority. Learned Advocate for the petitioner submits that the petitioner is in custody since February, 2022. More than sixteen months have passed, but till date, after framing of charges, none of the witnesses have been examined by the prosecution.
Learned Advocate submits that the next date has been fixed by the Learned Trial Court on 24th of August, 2023 and 25th of August, 2023.
Having considered the anxiety expressed by the Learned Advocate, I am of the view that there is justification, and, as such, the Learned Trial Court is directed to fix a schedule of at least three dates and, such schedule
be fixed once in every 75 days, so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.
In case, some of the witnesses are reluctant to appear before the Court, the services of the Superintendent of Police of the concerned district be taken, so that the Superintendent of Police may compel the appearance of the departmental witnesses.
The Learned Public Prosecutor conducting the case would produce the materials, documents and exhibits on the date so fixed. All the stakeholders would cooperate with the Learned Trial Court for concluding the trial at the earliest. With the above observations, CRR 2876 of 2023 is disposed of.
Pending application, if any, is also disposed of. Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)