Romeo Mondal And Others v. State Of West Bengal

08.02.2023

IN THE HIGH COURT AT CALCUTTA

Item No.109 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4765 of 2022 Romeo Mondal & Ors.

versus The State of West Bengal In Re: An Application under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973.

Mr. Arindam Sen, Ms. Rinku Sen, Mr. Sagnik Bhattacharya ... For the Petitioners.

Ms. Faria Hossain, Ms. Baisali Basu ... For the State.

Learned advocate appearing for the petitioners expresses his anxiety regarding the manner in which the trial is progressing, although the petitioners are in custody for about 20 months.

The petitioners are directed to serve a copy of this revisional application upon Ms. Baisali Basu, learned advocate who ordinarily appears for the State.

Her appointment may be regularised by the concerned authorities.

It has been submitted that out of 14 witnesses proposed to be cited by the prosecution, 5 witnesses have been examined. However, lastly there is a stagnation in the process and progress of the trial of the case. In view of the anxiousness expresses by the learned advocate for the petitioners, I direct the learned trial court to fix schedule of three dates and to fix such schedule on each and every month till the trial of the case is concluded. No

unnecessary adjournment should be granted to either of the parties and the learned trial court would continue with the trial of the case in spite of any resolution taken by the local Bar. No witness should be excused from appearing in the court without any grounds which do not satisfy the learned trial court.

The learned trial court will be at liberty to seek the assistance of the local DSP/SDPO for execution of the summons for appearance of the witnesses on the date so fixed.

It is reiterated that all efforts must be taken for concluding the trial expeditiously as the petitioners are in custody for a considerable period of time.

With the aforesaid observations, the revisional application being CRR 4765 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.)