Kousik Roy v. State Of West Bengal

22.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.48 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2769 of 2023 In the matter of : Kousik Roy ... Petitioner.

Mr. A. Khan, Mr. Pronojit Roy ... For the Petitioner.

Mr. Neguive Ahmed, Ms. Trina Mitra ... For the State.

Report dated 07.08.2023 submitted by Mr. Ahmed, learned advocate appearing for the State be kept on record. The said report reflects that supplementary chargesheet was submitted with chemical examiner's report before the jurisdictional court. The said report was filed long ago. However, the court order reflects that the chemical examiner's report is awaiting and fixed a date on 19.08.2023. The report so submitted before this Court reflects that on 12.07.2023, supplementary charge-sheet was submitted before the learned Special Court.

Having considered the orders dated 15.07.2023 and 20.07.2023, I direct the learned sessions court to check the gap which has been created between the investigating officer submitting the chemical examiner's report and the supplementary charge-sheet as also the case records which are being placed before the learned court at the time when the matter is taken up for consideration. Needless to state that the officers working in the Special Court must be careful as the accused is in custody.

Having considered that the supplementary chargesheet along with the chemical examiner's report has been submitted before the jurisdictional court, I direct the learned jurisdictional court immediately to proceed towards consideration of charges as early as possible. If after consideration of charges, the learned trial court is of the opinion that the trial should proceed, the learned trial court having regard to the period of detention of the petitioner would fix a schedule consisting of three dates and fix such schedule once in three months so that trial of the case can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 2769 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.)