The court disposed of a revision application under Section 483 CrPC, directing the special court to fix three trial dates every 45 days to conclude the trial within a reasonable period.
Directed the special court to fix a schedule of three dates every 45 days to continue the trial until prosecution witnesses are exhausted.
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D/L 18 February 3, 2022 Bpg.
C.R.R. No.549 of 2020
(Via Video Conference)
In Re: An application under Section 483 of the Code of Criminal Procedure, 1973;
Abdul Rahaman Versus The State of West Bengal
Ms. Jenia Rudra.
…for the petitioner.
Mr. Md. Anwar Hossain, Ms. Sreyashee Biswas. …for the State.
Report submitted by Mr. Hossain, learned advocate
appearing for the State, be kept with the record.
The instant case was registered for investigation on 26.01.2019 and on the same date, the present petitioner was arrested.
Learned advocate for the petitioner submits that, since then for three years, the petitioner is in custody. There has been no progress in the trial of the case.
Records of this revisional application reflect that in the initial charge-sheet, the prosecution relied upon nine witnesses and in the supplementary charge-sheet, some other witnesses.
Having regard to the period of detention of the petitioner for more than three years, I am of the opinion that the learned special court should fix schedule for three dates on each and every
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45 days and continue with the trial of the case till all the prosecution witnesses are exhausted.Needless to state that the dates and schedule should be fixed only after the public prosecutor conducting the trial assures the court regarding the availability of the witnesses. No unnecessary adjournment should be granted to either of the parties and if the prosecution intends to rely upon any seized materials, the same should be produced on the relevant date on which the witnesses appear. All efforts must be taken for concluding the trial within a reasonable period of time.
With the aforesaid observations, CRR 549 of 2020 is disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether the trial court should fix a schedule to expedite the trial given the petitioner's three-year custody without progress.
1 provisions across 1 enactments
Abdul Rahaman
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
