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Calcutta High CourtCRR/1431/2024disposed

Subhasis Sarkar And ANR. v. State Of West Bengal

2024-04-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.04.2024 Serial no. 7 [G.S.D] CRR 1431 of 2024 In the matter of : Subhasis Sarkar & Anr.

... ... Petitioners Mr. Amal Krishna Samanta Mr. Arun Kumar Das ... for the petitioners Mr. Debasish Roy Mr. Anand Keshari Ms. Paramita Sahu ... for the State Report so submitted be kept with the record.

Ld. Advocate for the petitioner was aggrieved by the fact that although the case was initiated in the year 2022, but, till date, the prosecution could not conclude the examination of its witnesses.

I find that the evidence in this case for the last few years have been progressing slowly.

Ld. Advocate for the State has pointed out that out of 20 witnesses so cited by the prosecution, 18 witnesses have already been examined and only two witnesses are left to be examined by the State. The said two witnesses being a scribe and the investigating officer of the case. It has been informed that the next date is fixed on 2.5.2024. The deputy commissioner in charge of Shibpur Police Station would take steps so that the investigating officer of the case and the other witness, on whom the

prosecution intends to rely on, are present and/or available for being examined as prosecution witnesses.

No unnecessary adjournment be granted to any of the parties. Ld. Trial court is directed to continue with the evidence of the investigating officer of the case till the examination in chief and the cross examination is over. All efforts be taken by the ld. Trial court so that the examination under section 313 of the cr.p.c. is concluded by 15th of June, 2024, thereafter, the ld. Trial court would, according to its convenience, fix a schedule for pronouncing its verdict.

It is further directed that the trial of the case would continue and the representing advocates will not stall the proceedings in spite of any resolution of the local bar. With the aforesaid observations, CRR 1431 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.)