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Calcutta High CourtCRR/3196/2023disposed

Arun Kumar Mondal And Another v. State Of West Bengal

2023-08-29Hon'Ble Justice Tirthankar Ghosh2 pages

29.08.2023 SL.12 Ct no.34 Saswata CRR 3196 of 2023 In Re:- An application under Section 482 read with Section 401 of the Cr.P.C.

In the matter of : Arun Kumar Mondal & Ors.

... petitioners Mr. Jisan Hossain Ms. Chandrima Debnath Mr. Snehasis Ghosh ...For the petitioners Mr. Tanmay Kumar Ghosh Ms. Sujata Das ...For the State

1. The petitioners are directed to serve a copy of the revisional application upon Ms. Das, learned advocate who ordinarily appears for the State. Her appointment may be regularized by the concerned authorities.

2. Learned advocate appearing for the petitioners submits that the petitioners are in custody since 10th December 2022 and the Investigating Agency on conclusion of the investigation has alrady submitted charge sheet relying upon 12 witnesses.

3. The Learned Sessions Court has fixed 12th October 2023 as the date for consideration of charges. In view of the petitioners being in custody, I direct the Learned Sessions Judge to take efforts to overcome the stage of consideration of charge on 12th October 2023 or by 15th December 2023.

4. If, after consideration of the charges, the Learned Trial Court is of the opinion tha the trial should proceed, in that case, the Learned Trial Court shall fix a schedule consisting of 3 dates and fix a schedule once in every 90 days, so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. If, in course of trial the Trial Court is of the opinion that

certain witnesses are reluctant to appear, in that case direct communication should be made through the Superintendent of Police regarding the availability of the witnesses on the date so fixed before the Trial Court.

5. The Public Prosecutor conducting the case would produce material exhibits and evidence on the date fixed for examination of the witnesses.

6. All stakeholders should cooperate with the Learned Trial Court so that the trial be concluded at the earliest.

7. With the above direction, the revisional application being CRR 3196 of 2023 is disposed of.

8. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. (Tirthankar Ghosh, J.)