Prabir Kumar Dutta And ANR v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction CRAN 1 of 2024 in CRR 4627 of 2023 Sutrishna Basu -vs- The State of West Bengal and ors.

with CRR 3269 of 2022 Prabir Kumar Dutta and Anr.

-vs- The State of West Bengal and Anr.

Mr. Sujit Saha .....for the petitioner in CRR 3269 of 2022.

& Opposite party No.2 in CRR 4627 of 2023.

Ms. Afreen Begum ...for the petitioner in CRR 4627 of 2023.

& opposite party no.2 in CRR 3269/2022.

Mr. P. K. Datta, APP Mr. Santanu Deb Roy ...for the State in CRR 3269 of 2022.

Re : CRR 3629 of 2022 06-09-2024 Subha Item no. 20 & 21 Ct no.35 Report submitted by the Officer-in-Charge, Belgharia PS, Barrackpore Police Commissionerate through the learned advocate appearing for the State be kept with the record. Report reflects that after framing of charges, evidence of PW-1 Smt. Sutrishna Basu has already commenced.

Learned advocate for the State has also produced the case diary. Attention of the court was also drawn to the statement of Smt. Sutrishna Basu under Section 164 of the Code of Criminal Procedure. Apparently, there seems to be a family feud. However, as the charges have already been framed and the evidence have

commenced, I direct the learned trial court to take the case to its logical conclusion. In the meantime, if any of the accused persons are absent on a particular date, they may be allowed to be represented through their counsel under Section 317 of the Code of Criminal Procedure until and unless the physical identification of the accused persons are required. In view of the present provisions of BNSS, 2023, the learned trial court may in the circumstances accept the appearance of the accused virtually, in case physically a learned lawyer is present before this court.

With the aforesaid observations, the revisional application being CRR 3629 of 2022 is disposed of.

Pending any other applications, if any, are disposed of accordingly.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]