Mobarek Mistry v. State Of West Bengal

C.R.R.3048 of 2023 D/L57 23.08.2023 Bpg.

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

Mobarek Mistry

Versus

The State of West Bengal Mr. Angshuman Chakraborty.

...for the petitioner.

Mr. Tanmoy Kr. Ghosh Ms. Trina Mitra.

...for the State.

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

Learned advocate appearing for the petitioner submits that the petitioner was arrested on 1st June, 2022 and since then he is in custody for about 14 months. Learned advocate further submits that the date for framing of charge has been fixed by the learned trial court on 24th August, 2023.

Learned trial court is directed to frame the charge on 24th August, 2023 or within a month of the said date. If the learned trial court is of the opinion that the trial is to be proceeded then in that case, learned trial court will fix a schedule consisting of three dates and fix such schedule once in every 75 days. In case any witness is not cooperating with the learned trial court and is reluctant to appear, learned special court would be at liberty to communicate

with the Superintendent of Police of the concerned district who would take steps for ensuring the presence of the witnesses. No unnecessary adjournment should be granted to either of the parties. The public prosecutor conducting the case should ensure regarding the production of the materials, exhibits and documents available on the dates so fixed for examination of the witnesses. All stakeholders should co-operate with the learned trial court so that the trial is concluded at the earliest. With the aforesaid observations, CRR 3048 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.)