Saiful Moral v. State Of West Bengal

23.11.2023 Serial no. 13 [G.S.D] CRR 3835 of 2023 In the matter of : Saiful Moral ... ... Petitioner Mr. A. Chakraborty Mr. S. S. Saha ... Petitioner Ms. Manisha Sharma ... for the State The petitioner is aggrieved by the manner in which the proceedings relating to Gaighata P.S. Case No. 158 of 2022 (N-27/2022) is progressing. According to the ld. advocate, the petitioner was arrested on February/2022 and after the charge-sheet was submitted, charge was framed on September, 2022 and, till date, out of ten witnesses cited by the prosecution, only one witness has been examined. Having considered the period of detention of the petitioner and the progress of the trial, I am of the view that the anxiety expressed by the petitioner is justified. Accordingly, the ld. Special Court is directed that on and from the next date so fixed, the ld. trial court would 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. No unnecessary adjournment should be granted to either of the parties and, in case, any witness is reluctant to appear, the Superintendent of Police of the concerned district would be communicated for ensuring the appearance of the witnesses concern. The concerned S.P. will file a report in case of non-availability of any witness. Ld. Public Prosecutor conducting the case would produce the materials, documents and exhibits on the next date so fixed for trial. All efforts be taken to conclude the trial at the earliest. With the aforesaid observations, CRR 3835 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.)