Md Zakir v. State Of West Bengal And ORS.

07.12.2023

IN THE HIGH COURT AT CALCUTTA

Item No.45 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1583 of 2023 In the matter of : Md. Zakir ... Petitioner.

Mr. Soumya Basu Roy Chowdhuri ... For the Petitioner.

Ms. Sima Biswas ... For the State.

Learned advocate appearing for the petitioner is directed to serve copy of this revisional application upon Ms. Sima Biswas, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

The subject-matter of challenge relates to order dated 20.01.2022. The learned court assigned its reason for not recalling the witnesses which was prayed for at the instance of the present petitioner on the ground that denial was not taken at the time of cross-examination from the respective witnesses concerned. Be that as it may, more than one year eleven months has lapsed since the order has been passed by the learned special court. Having regard to the passage of time as also the fact that there is no vital issue which has been left out by the accused in course of the crossexamination, I am of the view that the prayer so advanced was for stretching the trial of the case. Accordingly, no interference is called for in respect of the issues canvassed in the revisional application.

However, the petitioner will be at liberty to canvass on the merits of the case in course of the final argument.

With the aforesaid observations, the revisional application being CRR 1583 of 2023 is disposed of. Pending connected application, if any, is consequently 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.)