Samir Kumar Kuila v. State Of West Bengal And ORS.

C.R.R.2981 of 2023 D/L50 16.08.2023 Bpg.

In Re: An application under Section 483 read with Section 401 of the Code of Criminal Procedure, 1973;

Samir Kumar Kuila

Versus

The State of West Bengal and others Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha.

...for the petitioner.

Mr. Tanmoy Kumar Ghosh Ms. Sujata Das.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Sujata Das, learned advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authorities.

Petitioner is aggrieved by the fact that Gopiballavpur Police Station Case No.109 of 2019 was initiated on 26.09.2019. In the said case, charge was framed under Sections 406/420/120B of the Indian Penal Code. The next date has been fixed on 22nd November, 2023. In the charge-sheet, the prosecution has cited 27 witnesses, but till date, only one witness being CSW 1 has been examined.

Having regard to the fact that another 26 witnesses are to be examined by the learned Judicial Magistrate, Jhargram, I direct that the learned Judicial Magistrate, Jhargram would fix schedule consisting of three dates and such schedule be fixed once in every month so that the trial of the case can be taken to its

logical conclusion within a reasonable period of time. In case there is any impediment faced by the learned trial court for the purposes of serving notice/summons to the witnesses' concerned, the Superintendent of Police, Jhargram would assist the court and to that extent the learned court would inform the Superintendent of Police, Jhargram. The public prosecutor conducting the case would produce the materials, exhibits and documents on the date fixed for examination of the witnesses'

concerned.

No unnecessary adjournment should be granted to either of the parties. All stakeholders should co-operate with the learned trial court for concluding the trial at the earliest.

With the aforesaid observations, CRR 2981 of 2023 is disposed of.

Pending application, if any, is 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.)