Faizul Sk And Another v. State Of West Bengal

24.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.19 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3080 of 2023 In the matter of : Faizul Sk. & Anr.

... Petitioners.

Ms. Shabana Hasin, Mr. Mobaidur Hossain ... For the Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Learned advocate appearing for the petitioners is directed to serve a copy of this revisional application upon Ms. Debjani Sahu, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

It is submitted on behalf of the petitioners that the accused/petitioners are in custody since 12.05.2022. The learned advocate appearing for the petitioners submits that in spite of the fact that the petitioners are in custody for about 15 months, charge has not been framed till date, although charge-sheet was submitted long ago. The next date has been fixed on 13.09.2023 for framing of charges.

Having regard to the plight expressed by the petitioners and the fact that the prosecution intends to examine eight witnesses, I direct that the learned trial court would, on the next date so fixed i.e. on 13.09.2023, complete the process of framing of charges or within a fortnight thereafter. After completion of the said process of framing of charges, the learned trial court would fix a schedule consisting of three dates and fix such schedule at least once in every 75 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 would 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 3080 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.)