Shibunath Das And ANR v. State Of West Bengal

C.R.R.3292 of 2023 D/L43 01.09.2023 Bpg.

In Re: An application under Section 483 read with Section 401 of the Code of Criminal Procedure, 1973;

Shibnath Das and another

Versus

The State of West Bengal Mr. Soumya Basu Roy Chowdhury.

...for the petitioners.

Mr. P.P. Das Ms. Manasi Roy.

...for the State.

Leave is granted to the learned advocate for the petitioners to make necessary corrections in the address of the petitioners.

Petitioners are directed to serve a copy of the revisional application upon Ms. Manasi Roy, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioners submits that the case was initiated in the year 2018 and till date charge has not been framed and the next date has been fixed on 20th September, 2023. The said date is for consideration of charges. In view of the submissions advanced that the prosecution in order to prove its case has relied upon 10 witnesses, I direct the learned special court in seisin of the matter to take steps so that if the charge cannot be framed on 20th September, 2023, the said process must be completed by 19th October, 2023. On and from the

month of December, 2023, learned special court would fix at least one schedule consisting of three dates and fix such schedule once in every 60 days so that the trial of the case can be taken to its logical conclusion. In case the witnesses do not appear on the date so fixed, the learned special court would communicate with the Superior Officer of the Police who is in-charge of Uluberia Police Station and efforts be taken so that the witnesses appear on the date so fixed for trial.

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 3292 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.)