Golam Kibria v. State Of West Bengal

C.R.R. 4452 of 2023 01.12.2023 SL. 357 Court No. 34 Suvayan In Re: - An application under Section 482 read with Section 401 of the Code of Criminal Procedure.

And In the matter of: Golam Kibria ....petitioner.

Mr. Snehasish Ghosh Ms. Chandrima Debnath ...for the petitioner.

Ms. Manisha Sharma ...for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Manisha Sharma, learned Advocate who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. Learned Advocate appearing for the petitioner submits that the petitioner is in custody since 20th May, 2022 and the investigating agency on conclusion of investigation has submitted charge-sheet on 31st October, 2022. Learned Trial Court has framed charges on 17th June, 2023 and the prosecution in order to prove its case has relied upon 11 witnesses. According to the petitioner till date none of the witnesses have been examined. Having considered the fact that the petitioner is in custody for more than one year six months, the agony so expressed is justified.

Accordingly, the learned Special Court is directed to fix a schedule consisting of three dates and fix the 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.

communicated by the Special Court in case, if any of the witnesses is not appearing or reluctant to appear. The Superintendent of Police if required would submit a report in case a witness cannot be traced.

The learned Public Prosecutor conducting the case would produce the materials, documents and exhibits on the dates fixed for examination of the witnesses concerned.

No unnecessary adjournments should be granted to either of the parties.

All efforts be taken by the stake-holders to cooperate with the trial court so that the trial is concluded within a reasonable period of time.

With the aforesaid observations, the present revisional application being CRR 4452 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)