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Calcutta High CourtCRR/948/2022disposed

Abhijit Das v. State Of West Bengal And ANR

2022-04-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.04. 2022 item No.20 n.b.

ct. no. 34 CRR 948 of 2022 + CRAN 01 of 2022 Abhijit Das Vs.

State of West Bengal & Ors Mr. Niladri Sekhar Ghosh, Ms. Sampurna Chattejree, Mr. Sourav Mondal .....for the Petitioner Mr. Nirupam Dhali .....for the opposite party no.2.

Mr. Saibal Bapuli, Mr. Arani Bhattaacharyuya .... For the State.

Report submitted by the learned Advocate appearing for the State along with further statement of the de facto complainant is kept on record.

I have perused the case diary and found that there is an injury in frontal region of head of the de facto complainant. The accused happens to be the son who has assaulted his father on his head. Considering the nature of the allegations and the medical evidence so substantiated, I am of the opinion that in this case there cannot be a joint compromise, after the State has exhausted its energy in submission of the charge sheet. However, the learned Trial Court after framing of charges would be at liberty to fix a date for examination of CSW 1 Raju Das. After the evidence of said Raju Das is over, the present petitioner

would be at liberty to approach this Court regarding the further continuance of the trial of the proceedings.

With the aforesaid observations, CRR 948 of 2022 is disposed of.

All pending connected applications, if any are consequently disposed of.

Interim order, if any is hereby vacated.

The Learned Trial Court is directed to take efforts for completing the process of framing of charge on the next date so fixed or within a week thereafter. Subsequently after one month of charge being framed Examination in Chief and cross-examination of the CSW 1 Raju Das should be completed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)