Calcutta High CourtCRR/1264/2024disposed

Ashim Baidya v. State Of West Bengal

2024-04-01Hon'Ble Justice Tirthankar Ghosh3 pages

01.04.2024 Serial no. 105-106 [G.S.D] CRR 1264 of 2024 In the Matter of: Ashim Baidya With CRR 388 of 2024 In the Matter of: Sandip Bag @ Sadeep Bag ... for the petitioner Mr. Soumya Nag Mr. ADitya Tiwari ... for the petitioner in CRR 1264 of 2024 Mr. Satadru Lahiri Mr. Safdar Azam Mr. Sk. Hasiful Islam ... for the petitioner in CRR 388 of 2024 Mr. Sudip Kumar ... for the State Earlier a progress report was submitted by Mr. Kumar, ld. Advocate for the State.

The records of the case reflect that the case has already been committed to the court of Sessions. In CRR 388 of 2024, the petitioner has prayed for expeditious disposal of the case. In the alternative, in CRR 1264 of 2024, the petitioner has approached as he has not received certain relied upon materials by the prosecution which has been referred to in Paragraph 9 of the revisional application, which are as follows:

'a) One pen drive (Memory -32 GB) company name Master, T-23, containing one (01) CCTV footage of camera '01' of Soma Builders which is fixed for in front side of the

shop on 11/08/23 from 21:19:00 hrs to 22:11:00 hrs, marked as ‚Exhibit-W‛.

b) One pen drive (Memory - 32 GB) company name Master, T-23, containing one (01) CCTV footage of camera 01' of Soma Builders which is fixed for in front side of the shop on 11/08/23 from 21:19:00 hrs to 22:11:00 hrs, marked as ‚Exhibit -W1‛.

c) One pen drive (Memory - 32 GB) company name Master, T-23, containing one (01) CCTV footage of camera ‚01' of Soma Builders which is fixed for in front side of the shop on 11/08/23 from 21:19:00 hrs to 22:11:00 hrs, marked as ‚Exhibit-W2‛.

Ld. Advocate for the petitioner in CRR 1264 of 2024 submits that Section 173 of the cr.p.c. does not refer to any unrelied upon document.

Let the relied upon documents/materials along with the list of unrelied upon documents should be handed over to the accused persons who are facing trial in connection with the instant case.

Ld. Trial court would ensure that all the above referred materials/list of unrelied documents and/or pen drive is handed over prior to consideration of charges. The ld. Sessions Judge would at the earliest take steps in case, the case is to be transferred to any other Sessions Court or, in the alternative the ld. Sessions Judge would try the case so that steps are taken for the compliance of the directions above and the stage of consideration of charges be fixed by 30th of April, 2024. The said stage be over by 10th of May, 2024.

In case, the ld. Trial court after consideration of the materials are of the opinion that the trial of the case should proceed, in that case, a schedule be fixed consisting of three dates and one date be fixed in a month for the purpose of completion of the schedule of this case so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, CRR 1264 of 2024 along with CRR 388 of 2024 is disposed of.

Pending application, if any, is also disposed of. 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.)