Matiur Rahaman v. State Of West Bengal

08.12.2023 Serial no. 4 [G.S.D] CRR 3872 of 2023 In the matter of : Matiur Rahaman ... ... Petitioner Mr. T. Gupta ... for the petitioner Mr. Md. Rafiqul Islam ... for the State A Report has been submitted by Mr. Islam, ld. Advocate for the State. Let the same be kept with the record.

The report reflects that all efforts were taken by the investigating officer and attachment in respect of moveable properties were made in respect of 11 absconding accused persons.

The present case being Farakka P.S. Case No. 62 of 2023 dated 31.01.2023 under sections 302/34 of the IPC read with sections 25(i)(a) of the Arms Act, is presently pending before the ld. ACJM, Jangipur, Murshidabad. Having regard to the fact that possession of movable assets in respect of the absconding 11 accused persons have already been exhausted, I direct the Ld. ACJM, Jangipur, Murshidabad to split up the case and take steps for

commitment of the case before the ld. Sessions Judge responsible for dealing with the sessions triable offence in the district.

However, no time be wasted on this score. The SDPO of the concerned zone will serve notice so that the eight accused persons who have are participating in the court, must be physically present on the next date so fixed and documents under section 207 of the cr.p.c. must be supplied to the accused persons who would be present before the court on the next date so fixed, if the same had not been supplied.

Within a month from the next date so fixed the case records along with all the eight accused persons must reach before the jurisdictional Sessions Court. The ld. Sessions Court would thereafter fix dates in a manner so that within two months from the receipt of the record, the process of consideration of charges are over.

If the trial court is of the opinion that the trial should proceed, in that case, the ld. trial court would fix a schedule consisting of three dates and fix such schedule once in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment be granted to either of the parties. Ld. Public Prosecutor conducting the case would produce the materials, documents and exhibits on the next

date so fixed for examination of the witnesses. All stakeholders would cooperate with the ld. trial court to conclude the trial at the earliest.

With the aforesaid observations, CRR 3872 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, 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.)