Ananya Nandi Mukherjee @ Ananya Mukherjee v. State Of West Bengal And ORS.
09.05.2024 64.
srm
IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction CRR No. 1650 of 2024 Ananya Nandi Mukherjee @ Ananya Mukherjee
Versus
The State of West Bengal & Ors.
Mr. Mukunda Lal Sarkar ...for the Petitioner.
Mr. Debasish Roy, Ld. PP Mr. Arijit Ganguly, Ms. Sremoyi Roy ...for the State.
Report so submitted be kept with the record.
The next date before the learned trial court is fixed in the month of July, 2024 and the learned Judicial Magistrate, 4th Court, Durgapur, Paschim Burdwan has fixed date for evidence of the CSW3, namely, Nirmal Pal.
Accordingly, the examination-in-chief of the witness, namely, Nirmal Pal be completed on the next date so fixed. Within a fortnight thereafter a date would be fixed in the month of July, 2024 by the learned Judicial Magistrate, 4th Court, Durgapur when the crossexamination should be completed. If another date is prayed for by the defence Advocate, a week's time be afforded.
So far as the witness Lipika Nandi, is concerned, CSW2 her evidence has been expunged, I direct that the learned Judicial Magistrate, 4th Court, Durgapur would give her an opportunity prior to the police officers being examined in this case. Accordingly, I direct the learned Judicial Magistrate, 4th Court, Durgapur to fix 27th August, 2024, 28th August, 2024 and 29th August, 2024 as three consecutive dates within which period the examination-in-chief and the crossexamination should be over. The said CSW2 would be identified by the learned Public Prosecutor conducting the case. No further impediments be created in the progress of the case. The learned court would thereafter proceed with the case according to its schedule.
It is further directed that since the grievance of the complainant is non-examination of CSW2, Lipika Nandi and the learned Advocate appearing for the petitioner is well aware regarding the whereabouts of the Lipika Nandi, as such I direct that irrespective of any summons being issued Lipika Nandi must be present before the learned Judicial Magistrate, 4th Court, Durgapur on 27th August, 2024, 28th August, 2024 and 29th August, 2024.
The previous order regarding evidence of Lipika Nandi being expunged on 6th April, 2024 is set aside.
The learned Magistrate in the interest of justice will abide by the aforesaid directions.
In accordance with the observations, the present revisional application being CRR 1650 of 2024 is disposed of. All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)