Shahidul Mandal v. State Of West Bengal

C.R.R.3503 of 2023 D/L102 14.09.2023 Bpg.

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

Shahidul Mandal

Versus

The State of West Bengal Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose.

...for the petitioner.

Mr. S.G. Mukherjee, Ld.P.P.

Mr. Imran Ali Ms. Debjani Sahu.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Debjani Sahu, 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 December 23, 2022. Although charge-sheet was submitted on 15.06.2023, till date charges could not be framed.

It has been pointed out that on 1st December, 2023 learned trial court has fixed for consideration of charges. The chronology of dates do reflect that the learned trial court has been taking steps for progress of the case. Accordingly, I direct that the learned trial court would try to overcome the stage of consideration of charges on 1st December, 2023 or within a fortnight thereafter. Learned trial court after consideration of charges would

fix a schedule for examination of the witnesses and such schedule should be fixed for a period of three dates and there must be at least one schedule fixed in every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

No unnecessary adjournment should be granted to either of the parties. There are 11 witnesses who have been cited in the charge-sheet by the prosecution. In case any witness is reluctant to appear, the Superintendent of Police of the concerned District would be communicated who would ensure thereafter regarding the availability of presence of the witnesses before the learned trial court. The learned 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 3503 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.)