Sahab Ali Mondal v. State Of West Bengal

C.R.R.4490 of 2023 D/L312 04.12.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Sahab Ali Mondal

Versus

The State of West Bengal Mr. Gourab Kumar Nath Mr. Subhajyoti Chandra.

...for the petitioner.

Mr. Koushik Kundu.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Koushik Kundu, learned advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for one year seven months and in spite of the charge being framed on 14th July, 2023 but till date, none of the witnesses have been examined.

Having regard to the period of detention of the petitioner, I am of view that the agony so expressed by the petitioner is justified. Accordingly, learned special court would fix at least a schedule consisting of three dates and such schedule must be fixed once in every month so that the trial of the case can be taken to its logical conclusion within a very reasonable period of time. No unnecessary adjournment should be granted to either of the parties. In case any witness is not cooperating with the

learned trial court and is reluctant to appear, learned special court would be at liberty to communicate with the Superintendent of Police of the concerned district who would take steps for ensuring the presence of the witnesses. The public prosecutor conducting the case would ensure regarding the production of the materials, exhibits and documents available on the dates so fixed for examination of the witnesses. All stakeholders would co-operate with the learned trial court so that the trial is concluded at the earliest.

With the aforesaid observations, CRR 4490 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.)