Palash Sk @ Shaikh v. State Of West Bengal

C.R.R.3734 of 2023 D/L99 12.10.2023 Bpg.

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

Palash Sk. @ shaikh

Versus

The State of West Bengal Mr. Jisan Hossain Ms. Chandrima Debnath.

...for the petitioner.

Mr. Abhra Mukherjee Mr. Dipankar Mahato.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Abhra Mukherjee, learned advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 16th September, 2022 and the learned special court although framed charges on 17th August, 2022 but till date out of 13 witnesses so cited by the prosecution, none of the witnesses have been examined and the next date has been fixed on 13th October, 2023.

Having considered that the petitioner is in custody since 16th September, 2022, I direct the learned trial court to fix a schedule consisting of three dates and such schedule must be fixed 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 not cooperating with the learned trial court and is reluctant to appear, learned special court would be at liberty to communicate with the Superintendent of Police of the concerned district who would take steps for ensuring the presence of the witnesses. The public prosecutor conducting the case would ensure regarding the production of the materials, exhibits and documents available on the dates so fixed for examination of the witnesses. All stakeholders would co-operate with the learned trial court so that the trial is concluded at the earliest.

With the aforesaid observations, CRR 3734 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.)