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Calcutta High CourtCRR/4016/2023disposed

Thiyam Surmangal Maitei And Another v. State Of West Bengal

2024-01-30Hon'Ble Justice Tirthankar Ghosh2 pages

30.01.2024 item No.165 Rakib (PA).

ct. no. 34 CRR 4016 of 2023 Thiyam Surmangal Maitei & Anr.

Vs The State of West Bengal In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure;

Mr. Dhananjay Banerjee, Mr. Snehasish Ghosh, Ms. Chandrani Debnath.

.... For the Petitioners.

Ms. Sayanti Santra.

.... For the State.

Report submitted by the State be kept with the record. Learned Advocate appearing for the petitioners submits that the petitioners were arrested on 8th July, 2021 and since then they are in custody i.e. for more than two and half years. As such the anxiety expressed by the petitioner is justified. The report reflects that 19 witnesses are to be examined but till date only two witnesses have been examined. Having regard to the period of detention of the present petitioners, I direct that the learned trial Court henceforth will fix a schedule of three dates and fix a 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 should be granted to either of the parties. If a witness is reluctant to appear in that case communication be made to the office of the Superintendent of Police, Murshidabad who will take steps for

ensuring the appearance of the witness or submit before the Court. The difficulty faced by the witness be made available by way of report before the Court.

The learned Public Prosecutor conducting the case would produce materials, exhibits on the date so fixed for examination of witnesses. All stakeholders would cooperate with the learned trial Court to conclude the trial at the earliest.

Accordingly, CRR 4016 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 given to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)