Basudeb Mukhopadhyay And ORS. v. State Of West Bengal And ANR

09-05-2024 Subha Item no.12 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 338 of 2024 Basudeb Mukhopadhyay and ors.

-versus- State of West Bengal & Anr.

Mr. Sarthak Chowdhury Mr. Anand Farmania Mr. Shibasis Chatterjee .... ..for the petitioners.

Petitioner has challenged the chargesheet, which has been filed in connection with Baguiati P. S. Case No. 105 of 2016 dated 30-01-2016. Record reflects that the case was instituted more than five years ago. Learned advocate for the petitioners submits that the complete documents under Section 207 CrPC have not been submitted. However, I find from the enclosures to the revisional application that none of the documents under Section 207 Cr.PC have been enclosed. Having regard to the same, I am of the view that the revisional application is premature. Learned Magistrate is directed to hand over the documents under Section 207 CrPC to the petitioners and/or any other accused persons who are facing the charges.

Learned Magistrate is directed to proceed with the trial of the case, in view of the fact that eight years have passed since the initiation of the case and the petitioners are facing the rigors of court proceedings. As such on and from the next date so fixed, the learned trial court would fix at least one date in every two months. The first and foremost effort of the learned trial court would be to overcome the stage of consideration of the charges. It must be concluded within sixty days from the next date so fixed after completion of the supplying of the documents under

Section 207 of the Code of Criminal Procedure The Public Prosecutor appearing in the case would produce the materials, documents and exhibits on the dates fixed for examination of the witnesses concerned The learned advocates appearing for both the parties would continue with the case and represent the parties and will not pray for any accommodation because of any resolution taken by the local Bar. With the aforesaid observations, the present revisional application being CRR 338 of 2024 is disposed of. . Pending any other applications are disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]