Tapan Kundu v. State Of West Bengal

05.03.2024 Serial no. 5 [G.S.D] CRR 507 of 2024 In the matter of : Tapan Kundu ... ... Petitioner Mr. Debasish Roy Mr. Anand Keshari ... for the State Report submitted by the DDI, Barrackpore DD, CID, West Bengal, be kept with the record.

The report reflects that summons were not issued to the witnesses concerned and, as such, there has been no progress in the case.

The present case, being Basirhat P.S. Case No. 677 of 2017, is pending for a considerable period of time. Charge-sheet was submitted in the same year i.e. 2017 and, consequently, charge was framed in the year 2019. However, thereafter, there has been no progress of the case. The report so submitted reflects that next date has been fixed in August, 2024 for appearance and evidence. Hence, the Inspector of DDI, Barrackpore DD, CID, W.B., who has submitted the report before this court, will act as a Nodal Officer of the present case and will ensure

regarding the production of the witnesses on the date so fixed for examination of the witnesses concerned. The ld. Special Court will directly instruct the Nodal Officer for ensuring the appearance of the witnesses. On and from August, 2024, the ld. Trial court would fix a schedule consisting of three dates once in a month so that the trial of case can be taken to its logical conclusion within a reasonable period of time.

There is an issue regarding the Public Prosecutor conducting the case. The Nodal Officer, if he is dissatisfied with the concerned Public Prosecutor, would apply to the appropriate authority for change of the Public Prosecutor and the concerned authority being the Legal Remembrancer, W.B., will immediately take steps for change of the Public Prosecutor.

Ld. Public Prosecutor conducting the case would produce materials, exhibits and documents on the date so fixed for examination of the witnesses concerned. All stakeholders will cooperate with the ld. Trial court so that the trial of the case substantially progresses and is completed within a reasonable period of time. With the aforesaid observations, CRR 507 of 2024 is disposed of.

Pending application, if any, is also disposed of.

Report so submitted by the DDI, Barrackpore DD, CID, W.B., be kept with the record.

The concerned Inspector, DDI, Barrackpore DD, CID, W.B., who has submitted the report will communicate this order to the ld. Special Court for taking appropriate action in future.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)