Sayeedur Rahaman @ Piyam Anbd Another v. State Of West Bengal

C.R.R.271 of 2023 D/L51 21.08.2023 Bpg.

In Re: An application under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Sayeedur Rahaman and another

Versus

The State of West Bengal Mr. Saibal Kumar Dasgupta Mr. Ratikanta Pal.

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Learned advocate appearing for the State has submitted a report. Let the report be kept with the record. It has been informed that the next dates have been fixed on and from 28th September, 2023. The examination-in-chief of the Nodal Officers would commence on the said date. Learned trial court would proceed with the case. If the accused/petitioners are able to satisfy the court that the examination of the Nodal Officers would prejudice them for the purpose of disclosing their defence, in that case, if an application under Section 231(2) of the Code of Criminal Procedure is filed, the learned trial court would consider the same and would try to fix the dates of the limited number of witnesses for whom the defence/accused intend to cross-examine at a stretch. The learned trial court would proceed with the trial of the case and examine the Nodal Officers who were summoned by the public prosecutor for the case to be examined as witnesses.

With the aforesaid observations, CRR 271 of 2023 is disposed of.

Pending application, if any, is 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 of all requisite formalities.

(Tirthankar Ghosh, J.)