Gargi Basak v. State Of West Bengal And ORS.

M/L 243 12.09.2025 Bpg.

ct.no.35 W.P.A.796 of 2025 Gargi Basak

Versus

State of West Bengal & ors.

Mr. Radha Mohan Ray Ms. Tuhina Parvin.

...for the petitioner.

Mr. Amitabrata Ray, Ld. G.P.

Mr. Jayanta Samanta Mr. Kaustav Chatterjee.

...for the State-respondents.

Petitioner approached this Court in connection with Barrackpore P.S. Case No.86 of 2023 dated 20.06.2023 which was registered under the relevant provisions of Sections 3(i)(r)3(i)(s) of the SC & ST (Prevention of Atrocities) Act, 1989. There are many issues which have been canvassed by the petitioner but it has been submitted by Mr. Samanta, learned advocate appearing for the State that during the pendency of the writ petition, charge has already been framed and date has been fixed for evidence. Learned advocate appearing for the petitioner submits that the evidence of the case is slowly progressing and some of the documents which were submitted during the course of filing the supplementary charge-sheet were not handed over to the petitioner.

Be that as it may, petitioner would be at liberty to take out an application under Section 230 of the BNSS/207 of the Cr.P.C.

specifying the documents which were not received by the petitioner before the learned special court/trial court. The concerned court would assess whether such documents were earlier handed over to the petitioner and thereafter pass necessary directions, if required, to the prosecution to hand over the copies.

So far as the progress of the trial is concerned as it has been submitted that the brother of the petitioner is facing custodial trial, learned court would fix schedule of dates on each and every month so that trial of the case can be taken to its logical conclusion within a reasonable period of time. With the aforesaid observations, WPA 796 of 2025 is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)