Sumon Barman And ORS. v. State Of West Bengal

13.12.2023 Serial no. 305 [G.S.D] CRR 4727 of 2023 In the matter of : Sumon Barman & Ors.

... ... Petitioners Mr. S. De ... for the Petitioner Ms. Sayanti Santra ... for the State The petitioners are directed to serve upon Ms. Sayanti Santra, ld. advocate, who ordinarily appears on behalf of the State. Her appearance may be regularized by the concerned authority.

The grievance of the petitioners is that although the case was initiated in the year 2019 and charge was framed in the year 2020, but, till date, not a single witness has been examined.

Ld. advocate submits that the next date has been fixed on 22nd of February, 2024.

Having considered the fact that the case is pending in the Special Court for more than four years, I am of the view that the ld. Magistrate on and from the next date would fix a schedule consisting of three dates and fix such schedule once in very 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 reluctant to appear, in that case, the Deputy Commissioner of Police concerned would be communicated so that the whereabouts availability relating to the witnesses may be brought to the notice of the court by way of a report Ld. public prosecutor conducting the case would produce the materials, documents and exhibits on the next date fixed for examination of the witnesses. All efforts be taken so that the trial of the case can be concluded at the earliest. No unnecessary adjournment be granted to either of the parties. All stakeholders would cooperate with the ld. trial court so that the trial can be completed as early as possible.

With the aforesaid observations, CRR 4727 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 at 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.)