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Calcutta High CourtCRR/3660/2023disposed

Manik Sk @ Sekh v. State Of West Bengal

2023-10-10Hon'Ble Justice Tirthankar Ghosh3 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 3660 of 2023 10-10-2023 Subha Item no. 76 Ct no.34 Manik Sk. @ Sekh -versus- State of West Bengal Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose .....for the petitioner.

Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg ...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Mirza Firoj Ahmed Begg, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. Learned advocate for the petitioner submits that as one of the accused person is absconding, the trial of the case is not progressing and the petitioner is in custody since 11th October, 2022.

Having considered the submissions advanced by the learned advocate appearing for the petitioner, I direct that the learned special court to exhaust process under Sections 82 and 83 of the Code of Criminal Procedure. The said process should be completed within a period of three months from the date of communication of this order. The learned trial court if required thereafter would split up the trial.

The learned trial court would thereafter fix date for consideration of charges preferably in the month of last week of January, 2024. In case, the learned special court is of the opinion after consideration of charges that the trial should progress, the learned special court would thereafter at least fix a schedule of three dates and fix a schedule once in every forty-five days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

Superintendent of Police of the concerned District would ensure regarding the availability of the witnesses on the date so fixed.

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 3660 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]