Kalyan Krishna Nandi v. Nita Nandi Mani And ANR

05.12.2022

IN THE HIGH COURT AT CALCUTTA

Item No.20 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 683 of 2021 Sri Kalyan Krishna Nandi versus Nita Nandi Mani & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Kalyan Krishna Nandi ... Petitioner (In Person).

Mr. Madhusudan Sur, Mr. Dipankar Paramanick ... For the State.

Pursuant to the order dated 01.12.2022, Mr. Sur, learned advocate appearing for the State has handed over all the documents under Section 207 of the Code of Criminal Procedure on which the prosecution has relied in this case. The petitioner appearing in person acknowledges that the said documents were handed over to him earlier also, but he is in need of separate documents which are available with the prosecution.

The issue now boils down whether the trial is being delayed for a considerable period of time. As the documents have been handed over and the petitioner intends to have certain documents from the police authorities, I direct that in case, in course of trial, the petitioner is able to show that such documents are in custody of the prosecution, whether the same are relied upon or not by the prosecution and for the purpose of cross-examination of the witness, such documents are necessary, in that case, the learned trial

court, before proceeding further, would direct the prosecution to hand over such documents.

The learned trial court is directed to proceed with the trial of the case.

In view of the aforesaid, the revisional application being CRR 683 of 2021 is disposed of.

All pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)