Abdul Karim @ Kala v. State Of West Bengal

22.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.29 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3015 of 2023 In the matter of : Abdul Karim @ Kala ... Petitioner.

Mr. Arnab Chatterjee, Mr. Jissan Iqbal Hossain, Ms. D. Biswas, Ms. Poulami Bose, Ms. Chandrima Debnath ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Saryati Datta ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Saryati Datta, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 13.02.2022 and the investigating agency after conclusion of investigation has already submitted charge-sheet before the jurisdictional court. The prosecution in order to prove its case has relied upon 16 witnesses. It has been informed that the next date has been fixed on 26.09.2022 for consideration of charges. Having regard to the plight expressed by the present petitioner as the petitioner is in custody for about 18 months, I am of the opinion that the same is justified. Learned trial court is directed to overcome the stage of consideration of charges on the next date so fixed or within a fortnight preferably by 12.10.2023.

Thereafter the learned trial court would fix a schedule consisting of three dates and fix such schedule once in every 60 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time.

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

In case any witness is absent on the date so fixed, the learned trial court would communicate with the Superintendent of Police of the concerned district for ensuring the presence of the witnesses.

Learned public prosecutor conducting the case will at the end of the schedule, supply a list of witnesses, who would appear on the next schedule, to the learned court and the learned court would thereafter fix the schedule. Learned public prosecutor would also ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All stakeholders would cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 3015 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)