Saddam Mondal @ Pailot And Another v. State Of West Bengal

C.R.R.3506 of 2023 D/L105 14.09.2023 Bpg.

In Re: An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973;

Saddam Mondal @ Pailot and another

Versus

The State of West Bengal Mr. Tanmay Biswas Mr. Amit Ray.

...for the petitioners.

Mr. Tanmay Kumar Ghosh Ms. Sujata Das.

...for the State.

Petitioners are directed to serve a copy of the revisional application upon Ms. Sujata Das, 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 petitioners are in custody since 6th July, 2022. Although charge-sheet was submitted on 29th December, 2022, till date charge has not been framed. The prosecution in order to prove its case relied upon 10 witnesses and, as such, it would take considerable period of time for concluding the trial of the case. Having considered that the petitioners are in custody for about 14 months, I direct the learned trial court to frame/consider the charges on the next date so fixed or within a fortnight thereafter. The learned trial court would thereafter fix a 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 within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties. 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/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 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 3506 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.)