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Calcutta High CourtCRR/3349/2023disposed

Jagannath Das @ Jaga v. State Of West Bengal

2023-09-08Hon'Ble Justice Tirthankar Ghosh3 pages

08.09.2023 Serial no. 42 [G.S.D] CRR 3349 of 2023 In the matter of : Jagannath Das @ Jaga ... ... Petitioner Mr. Arnab Chatterjee Mr. D. Biswas Ms. P. Bose ... For the Petitioner Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... For the State The petitioner is directed to serve a copy of this revisional application upon Mr. Arijit Ganguly, Learned Advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority. Mr. Chatterjee, Learned Advocate for the petitioner, submits that although charge was framed on 21st of March, 2022, but till date, none of the witnesses have been examined in spite of several schedule having been fixed by the Learned Special Court. It has been submitted that the petitioner is in custody since 1st of September, 2021. In view of the fact that more than two years have passed since the petitioner was taken into custody and till date none of the witnesses have been examined, I am of the

view that the anxiety so expressed by the petitioner, is justified.

Accordingly, the Learned Special Court is directed to fix a schedule consisting of three dates and fix a schedule once in every 45 days, so that the trial of the case can be taken to its logical conclusion. It has also been submitted that there are 12 witnesses cited by the prosecution, although, all of them belong to different government offices/department.

Having regard to the same, I direct the Learned Special Court to communicate with the Superintendent of Police for ensuring the presence of the witnesses on the date fixed for examination. Learned Public Prosecutor conducting the case would produce the materials, documents and exhibits, on the date so fixed for hearing. All stakeholders would cooperate with the Learned Trial Court so that the trial of the case is concluded at the earliest. With the above observations, CRR 3349 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for be supplied to the parties subject to compliance with all requisite formalities., (Tirthankar Ghosh, J.)