Jarman Mallick v. State Of West Bengal

16.12.2024 Court No.32 Item No.37 pk CRR 1530 of 2017 CRAN 2 of 2018 (Old No: 238 of 2018) Jarman Mallick Vs.

The State of West Bengal and another Ms. Devipriya Mitra ... for the petitioner.

Ms. Faria Hossain, Mr. Samarjit Balial ... for the State.

1. Report submitted on behalf of the State is taken on record. The stage of the proceeding is for further investigation. During this stage, the Investigating Officer of the instant case has prayed before the Learned Trial Court for the DNA test of the accused, namely, Jarman Mallick by collecting the blood sample. The said prayer is not yet considered by the trial court. The same is pending for consideration before the trial court. However, the petitioner approached before this Court, same is at premature stage.

2. In view of the facts, this instant application is not required to be kept pending and the same may be disposed of with a direction to the trial court to consider the prayer of the Investigating Officer for DNA test as aforesaid upon affording opportunity of hearing to the petitioner herein and in view of the

directions or guidelines given by the Hon'ble Supreme Court time to time with regard to the DNA test of the accused person. The same may be disposed of and exercised to be completed to come to a final conclusion of the same as early as possible without granting unnecessary adjournment to the parties.

3. In view of the above, CRR 1530 of 2017 and the connected application are disposed of.

4. Parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Ajay Kumar Gupta, J.)