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Calcutta High CourtCRR/2982/2023disposed

Md Sariful Islam @ Sarif Sk And Others v. State Of West Bengal

2023-08-16Hon'Ble Justice Tirthankar Ghosh3 pages

August 16, 2023 IN THE HIGH COURT AT CALCUTTA AD-51 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2982 of 2023 In the matter of: Md. Sariful Islam @ Sarif Sk.

... petitioner Ms. Shreyashee Biswas Ms. Benajir Hasna ... for the petitioner.

Mr. S.G. Mukherjee, ld. PP Mr. MFA Begg ... for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Begg, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. Learned advocate for the petitioner is aggrieved by the manner in which Lalgola Police Station Case No.435 of 2013 is progressing.

According to the learned advocate, charge was framed in the year 2014 and 2018 in respect of the accused persons but till date not a single witness has been examined although the prosecution has relied upon 19 witnesses to prove its case.

Having regard to the plight expressed by the petitioner in view of the case pending almost 10 years, I direct that the learned special court would take steps, so that the superintendent of police of the concerned district would

take immediate steps for ensuring the appearance of the witnesses on and from the next date so fixed i.e. 22nd September, 2023.

No unnecessary adjournment should be granted to the either of the parties.

The superintendent of police of the concerned district is directed to ensure regarding the appearance of the witnesses and comply with the direction of the learned special court. A report be submitted in case a witness may not be able to appear on a particular date, so that the learned trial court would be in a position to accommodate other witnesses of the case.

Having regard to the above, I direct the learned trial court to fix schedule consisting of 4 dates in each and every month, so that the trial of the case can be concluded at the earliest.

Public Prosecutor conducting the case would make available all the necessary documents, statements, materials and exhibits on the date on which the witness would appear before the court. All stakeholders must cooperate with the court to complete the trial within a reasonable period of time.

With the aforesaid observations, CRR 2982 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 certified copy of this order, if applied for, be made available to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )