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Calcutta High CourtCRR/3340/2023disposed

Mohim Mondal @ Mahim Mondal v. State Of West Bengal

2023-09-08Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 08-09-2023 Subha Item no. 31 Ct no.34 CRR 3340 of 2023 Mohim Mondal @ Mahim -versus- State of West Bengal Mr. Tapodip Gupta .....for the petitioner.

Mr. Tanmoy Ghosh Mrs. Sujata Das ...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mrs. Sujata Das, learned advocate who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. Learned advocate for the petitioners is aggrieved by the fact that the petitioner is in custody since 27th December, 2020. The grievance so expressed is that although charge was framed on 27th June, 2022, but till date out of the 16 witnesses cited by the prosecution only three witnesses have been examined. The anxiety and agony so expressed by the petitioner is justified. Having regard to the period of time for which the petitioner is in custody, I direct that the learned special court who is in seisin of Jalangi P. S. Case No. 435 of 2020 to fix a schedule consisting of three dates and from the next date so fixed, the schedule be fixed once in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. If any of he witnesses of the Department is not appearing or

reluctant to appear, then in that case the Superintendent of Police would be communicated who would ensure 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 3340 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]