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Calcutta High CourtCRR/3673/2023disposed

Mahammad Ansari @ Mintu @ Mahammad Ansary Mandal @ Mohammad Ansari Mondal v. State Of West Bengal

2023-10-11Hon'Ble Justice Tirthankar Ghosh3 pages

11.10.2023 Serial no. 69 [G.S.D] CRR 3673 of 2023 In the matter of : Mahammad Ansari @ Mintu @ Mahammad Ansary Mandal @ Mohammad Ansari Mondal ... ... Petitioner Mr. Somnath Adhikary ... for the petitioner Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... for the State The petitioners are directed to serve a copy of this revisional application upon Mr. Arijit Ganguly, ld. advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authority. Ld. Advocate for the petitioner submits that although the petitioner is in custody since 18th of November, 2021, but, till date, the trial of the case has not been progressed even after the charge having been framed.

Ld. advocate submits that the prosecution has cited nine witnesses in order to prove it case. The number of the witnesses have been examined and the next date has been fixed on and from 6th of September, 2023.

Having considered the fact that the petitioner is in custody for more than 22 months, I am of the view that the progress of the trial should be expedited in the present case. Accordingly, the ld. Special Court should fix a schedule consisting of three dates and fix such schedule once in every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. In case, any witness is not present, the Superintendent of Police of the concerned district will be communicated so that the presence of the witnesses are ensured on the date so fixed for examination of the witnesses. No unnecessary adjournment shall be granted to either of the parties.

The ld. Public Prosecutor conducting the case would produce the documents, exhibits and materials on the date so fixed for examination of the witnesses concerned. All stakeholder will cooperate with the ld. trial court for concluding the trial at the earliest.

With the aforesaid observations, CRR 3673 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.)