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Calcutta High CourtCRR/1206/2022disposed

Debyani Gayen v. State Of West Bengal And ANR

2024-01-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.01.2024 gd/ssd CRR 1206 of 2022 In the matter of: Debyani Gayen.

....Petitioner.

Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit ..for the Petitioner.

Mr. Bibaswan Bhattacharya ..for the State.

Mr. Bhattacharya, learned advocate appearing for the State has produced case diary and drawn the attention of the court to the statement of the victim under Section 164 of the Code of Criminal Procedure as well as the materials collected by the investigating agency. Although there are documents relating to receipts from the banquet hall/venue where the marriage ceremony was supposed to take place, the invitation card as well as an application form of Rupasree Prakalpa which was filled up, however, the said documents were not seized in accordance with the provisions provided under the Cr.P.C.

The petitioner would hand over the documents to the investigating officer of the case and the investigating officer would also check from the Marriage Registrar whether any filled up form was handed over to the Marriage Registrar as has been stated in the statement under Section 164 of the Code of Criminal Procedure.

On the aforesaid four issues, the investigating officer would file a supplementary charge-sheet preferably within a period of 70 days from the date of communication of this order with the investigating officer of the case before the jurisdictional court. The jurisdictional court on receipt of the same will proceed with the case in accordance with law. All efforts be taken to consider the charges within a reasonable period of time preferably within a period of 60 days from the date of filing of the supplementary charge-sheet. If after consideration of the charges, the court is of the opinion that the trial of the case is required to be conducted in that case the learned trial court would fix at least one date in a month so that the trial of the case can be concluded within a reasonable period of time.

With the aforesaid observations, CRR 1206 of 2022 is disposed of.

Case diary be returned to the learned advocate appearing for the State.

All the parties shall act on the server copy of this order duly downloaded from the official website of this court. (TIRTHANKAR GHOSH, J.)