Azharuddin Biswas v. State Of West Bengal

26.09.2022

IN THE HIGH COURT AT CALCUTTA

Item No.65 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2651 of 2021 Azharuddin Biswas @ Bulet versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Sudip Ghosh Chowdhury, Mr. Abhishek Bose, Mr. Avijit Majumder ... For the Petitioner.

Md. Anwar Hossain, Ms. Manisha Sharma ... For the State.

Report dated 16.09.2022 submitted by Inspector-inCharge, Duttapukur Police Station reflects that the coaccused has already been arrested and the warrant of arrest has already been executed against him.

Another report dated 19.09.2022 submitted by Officerin-Charge, Dadpur Police Station reflects the present posting of all the police officers and their availability. Let both the said reports be kept on record.

Learned advocate appearing for the petitioner submits that the petitioner is facing custodial trial and the next date has been fixed in the month of November 2022 for framing of charge.

Having regard to the fact that the present accused is in custody since 05.12.2019 i.e. for more than two years nine months, I direct that the learned trial court should give some priority so far as the trial of the proceedings are concerned. In

view of the report so submitted that the availability of the police witnesses has not been disputed, the learned trial court is directed to fix at least a schedule consisting of three dates and at least one schedule for the purpose of this case should be fixed in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. It would be pertinent to state that the schedule/date would be fixed after the public prosecutor conducting the case assures the court regarding the availability of the witnesses on the particular date.

No unnecessary adjournment should be granted to any of the parties and all efforts should be taken to conclude the trial within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 2651 of 2021 is 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 with all requisite formalities.

(Tirthankar Ghosh, J.)