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Calcutta High CourtCRR/1087/2023disposed

Ramesh Kumar Thakur v. State Of West Bengal

2023-08-11Hon'Ble Justice Tirthankar Ghosh3 pages

C.R.R.1087 of 2023 With CRAN 1 of 2023 D/L83 11.08.2023 Bpg.

Ramesh Kumar Thakur

Versus

The State of West Bengal Mr. Biswarup Chatterjee.

...for the petitioner.

Mr. Madhusudan Sur Mr. Manoranjan Mahata.

...for the State.

In Re: CRAN 1 of 2023.

Learned advocate appearing for the petitioner prays for recalling the order dated 16th June, 2023. Learned advocate has enclosed medical document expressing that he had no intention not to conduct the revisional application on the said date, but because of medical emergency he had to leave the Court and the order so passed has affected him.

In view of the submissions made by the learned advocate and the reasons so assigned in the application for recalling the order dated 16.06.2023, I find that the reasons are just and sufficient.

Accordingly, CRAN 1 of 2023 is allowed.

The revisional application is restored to its original file and number.

In Re: CRR 1087 of 2023.

Petitioner is directed to serve a copy of the revisional application upon Mr. Madhusudan Sur, learned advocate, who

ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the case was initiated in the year 2014 and till date only part of the evidence of the first prosecution witness is continuing. Be that as it may, the charge has already been framed and the charge-sheet reflects that the prosecution intends to rely upon four witnesses (including the Investigating Officer of the case). It has been informed that the next date has been fixed before the learned trial court, i.e. learned Metropolitan Magistrate, 13th Court, Calcutta in the month of October, 2023. The instant case had its genesis in the jurisdiction of Posta Police Station. Accordingly, the Officer-in-Charge of Posta Police Station would act as a Nodal Officer of the case on and from the date so fixed in the month of October, 2023.

Learned Metropolitan Magistrate once in every fortnight will fix a date and fix at least 10 dates for completion of the four prosecution witnesses so cited in the charge-sheet. Let the evidence of the prosecution be closed by 30th June, 2024. Learned Magistrate would thereafter conduct the examination under Section 313 Cr.P.C., provide opportunity for defence witnesses and pronounce his verdict on or about 31st August, 2024.

With the aforesaid observations, CRR 1087 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.)