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Calcutta High CourtCRR/3435/2023disposed

Arijul Sardar v. State Of West Bengal

2023-09-14Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.3435 of 2023 D/L52 14.09.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Arijul Sardar

Versus

The State of West Bengal Mr. Mazhar Hossain Chowdhury.

...for the petitioner.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Manisha Sharma, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 5th September, 2021, i.e. more than two years have passed and the learned trial court after the charge being framed on August, 2023 is slowly progressing with the trial of the case.

Having considered the manner in which the trial is progressing, I am of the opinion that there is cause of anxiety and agony of the petitioner. Accordingly, I direct that the learned trial court would fix a schedule of three dates and such schedule be fixed on each and every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. The Superintendent of Police of the concerned District

would take steps in case any witness is absent when the date has been fixed by the learned trial court.

It has been stated that there are nine witnesses. The Superintendent of Police of the concerned District will ensure regarding the witness representing the Government Department to be present on the date so fixed. 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 3435 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.)