Bishnu Saha v. State Of West Bengal

02.02.2023

IN THE HIGH COURT AT CALCUTTA

Item No.167 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4574 of 2022 Bishnu Saha versus The State of West Bengal In Re: An Application under Section 483 of the Code of Criminal Procedure, 1973.

Ms. Devi Priya Mitra ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Md. Anwar Hossain, Ms. Ratna Ghosh ... For the State.

Ms. Mitra, learned advocate appearing for the petitioner submits that the petitioner is in custody since December 2021 and even after expiry of two years, charge has not been framed.

Mr. Hossain, learned advocate appearing for the State submits that supplementary charge-sheet has been submitted before the jurisdictional court and the next date has been fixed on 10.02.2023 for consideration of charges. In view of the fact that more than 25 months have expired since the petitioner was arrested, I direct the learned trial court to consider the process of framing of charge and complete the said process either on the next date so fixed or within a week thereafter. Having regard to the period of time which has been suffered by the petitioner without any progress in the case, the learned trial court would at least fix a schedule consisting of three dates and fix such schedule on each and every month so that the trial of the case can be

taken to its logical conclusion within a reasonable period of time.

The learned advocate appearing for the State would communicate with his counterpart in the learned Special Court conducting the trial to communicate with the office of the Superintendent of Police who is maintaining a register regarding the progress of the case so that the witnesses are made available on the date so fixed by the learned trial court. The alamats must be made available on the date so fixed for trial and no unnecessary adjournment should be granted on the date so fixed for either non-production of the alamats or any resolution of the local Bar.

With the aforesaid observations, the revisional application being CRR 4574 of 2022 is disposed of. All pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)