Meghnath Mondal And Others v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 29-08-2023 Subha Item no. 03 Ct no.34 CRR 3187 of 2023 Meghnath Mondal and ors.

-versus- State of West Bengal Mr. Jisan Hossain Ms. Chandrima Debnath ....for the petitioners.

Mr. S. G. Mukherji, ld PP Mr. Anwar Hossain Mrs. Manisha Sharma ...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Anwar Hossain, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. Learned advocate for the petitioners submits that the petitioners were taken into custody since 8th May, 2022 and since then they are in detention for about one year and three months. The Investigating Agency on conclusion of investigation has submitted chargesheet and the prosecution in order to prove its case relied upon nine witnesses.

In view of the detention of the present petitioners for more than one year three months and the fact that the charge is yet to be framed, I direct the learned trial court would on the next date so fixed or within a month thereafter complete the process of consideration of charges. If after consideration of charges, the learned court is of the opinion that the trial is to be conducted in

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

Majority of the witness as has been informed to this court belong to the police department. Consequently if any witness is not present or reluctant to appear on the date so fixed, the learned special court would communicate with the Superintendent of Police of the concerned District who would take steps for ensuring the presence of the witnesses on the dates so fixed for evidence. No unnecessary adjournments should be granted to either of the parties.

The Public Prosecutor appearing in the case would produce the materials, documents and exhibits on the dates fixed for examination of the witnesses concerned. All efforts be taken by the stake-holders to cooperate with the trial court so that the trial is concluded within a reasonable period of time. With the aforesaid observations, the present revisional application being CRR 3187 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]