Saddam Sk @ Saddam Hossain And Others v. State Of West Bengal

07.03.2024 Serial no. 2 [G.S.D] CRR 4002 of 2023 In the matter of : Saddam Sk @ Saddam Hossain & Ors. ... ... Petitioners Mr. Samrat Adhikary ... for the Petitioner Mr. Arabinda manna ... for the State The petitioner is aggrieved by the fact that he is in custody since 9th October, 2022 and, till today, none of the witnesses have been examined, although, the prosecution has relied upon as many as 18 witnesses to prove its case. It has also been informed to this court that the next schedule has been fixed by the ld. Special Court on and from 19th of April, 2024.

Having regard to the fact that the petitioner is in custody for about 16 months, I direct the ld. trial court to 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 absent, the office of the concerned Superintendent of Police be immediately

communicated and steps be taken by the office of the Superintendent of Police for ensuring availability of the witness on the date so fixed.

In case, any witness is absent, in spite of all efforts given by the office of the Superintendent of Police, a report must be furnished before the court regarding the nonavailability of the witness concerned. Ld. Public Prosecutor conducting the case would produce materials, exhibits and documents on the date so fixed for examination of the witnesses concerned. All stakeholders will cooperate with the ld. Trial court 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. With the aforesaid observations, CRR 4002 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.)