Tajmul Sk v. State Of West Bengal

C.R.R.3952 of 2023 D/L12 12.04.2024 Bpg.

In Re: An application under Section 483 read with Section 482 of the Code of Criminal Procedure;

Tajmul Sk.

Versus

The State of West Bengal Mr. Md. Golam Nure Imrohi Ms. Arundhuti Barai.

...for the petitioner.

Mr. Md. Anwar Hossain Mr. Mir Anirwzzaman.

...for the State.

Affidavit of service so filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that he is in custody since October, 2022 and after even 11⁄2 years in spite of charge being framed, none of the witnesses till date have been examined. The prosecution in order to prove its case has relied upon 16 witnesses.

Having considered the fact that no witness till date has been examined, I am of the view that the agony expressed by the petitioner is justified. Accordingly, I direct the learned trial court to fix schedule of three dates on and from the next date so fixed and fix such schedule 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 be granted to any of the parties. In case any witness is not available, the learned trial court would communicate with the office of the Superintendent of Police of the

concerned district who would ensure regarding the availability of the witnesses' concerned or in the alternative submit a report before the court assigning reasons for non-availability of such witnesses' concerned. It would be the discretion of the learned special court to accommodate such report so submitted from the office of the S.P. It is reiterated that no lame excuse on flimsy grounds should be accepted by the learned special court. The trial of the case would continue in spite of any resolution of local bar and the participating advocates will not in any manner stall the proceedings because of such resolution. Learned Public Prosecutor conducting the case would produce all the materials, documents and exhibits on the date so fixed for examination of the witnesses' concerned. All stakeholders would cooperate with the trial court to conclude the trial at the earliest.

With the aforesaid observations, CRR 3952 of 2023 is disposed of.

Pending connected 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.)