Chittaranjan Biswas v. State Of West Bengal And ANR

06.05.2024 Serial no. 4 [G.S.D] CRR 1596 of 2024 In the matter of : Chittaranjan Biswas ... ... Petitioner Ms. S. Bhattacharya ... for the petitioner Mr. Debasis Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State A report has been submitted by the ld. Public Prosecutor, High Court, Calcutta. Let the same be kept with the record.

The report reflects that the sample collection of DNA profiling is over. However, the opinion of the expert is awaited. The report also reflects that the investigating officer is keeping the track on the availability of the report. Ld. advocate for the petitioner is aggrieved by the fact that the evidence of the case is in progress. Let the evidence of the case proceed in the trial court. The ld. trial court will take a decision after submission of the DNA report as to whether any further witness is required to be recalled or freshly added when the supplementary charge-sheet is submitted.

At this stage, there is no reason to interfere as it would be the prerogative of the investigating agency whether to file the supplementary charge-sheet or not. The ld. trial court would in his discretion fix dates and proceed with the case.

With the aforesaid observations, CRR 1596 of 2024 is disposed of.

Pending application, if any, is also disposed of. The investigating officer of the case is present in court. His further appearance before this court is dispensed with.

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.)