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Calcutta High CourtCRR/3183/2022disposed

Totn Hawladar v. State Of West Bengal

2023-02-03Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. 3183 of 2022 D/L162 03.02.2023 Bpg.

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

Toton Howlader

Versus

The State of West Bengal Mr. Sudip Ghosh Chowdhury.

...for the petitioner.

Mr. Arijit Ganguly, Mr. Koushik Kundu.

...for the State.

Learned advocate for the petitioner submits that the petitioner is in custody since 15th February, 2020 and almost three years have passed. Learned advocate has also submitted that only one witness till date has been examined.

The next schedule which has been fixed by the learned special court is on and from 24th March, 2023. Petitioner is directed to serve a copy of the revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. He is entitled to engage a junior of his choice.

Learned special court is directed to fix schedule consisting of three dates on each and every month till the disposal of the trial of the case. In case, the witness who has been scheduled to appear is not present on a day without a reasonable cause, the learned special court is directed to immediately issue

show cause notice to the office of the Superintendent of Police, Hooghly, who would from the register maintained pursuant to the directions passed in CRR 3363 of 2022 make the witnesses available before the court on the next schedule date so fixed. No unnecessary adjournment should be granted to any of the parties. The public prosecuter conducting the case would inform the concerned authorities for production of the alamats on the date so fixed. Learned special court is to follow and pass necessary orders upon the concerned police authorities as direction has already been passed in CRR 3363 of 2022 for all the Superintendent of Police of Government of West Bengal as also the Police Commissioner of all the Police Commissionerate of the State to maintain the register regarding the progress of the NDPS Case. Efforts must be taken to conclude the trial at the earliest. With the aforesaid observations, CRR 3183 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 of all requisite formalities.

(Tirthankar Ghosh, J.)