Pulak Biswas v. State Of West Bengal& ANR

10.09.2021

IN THE HIGH COURT AT CALCUTTA

Item No.5 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3246 of 2011 (Via Video Conference) Pulak Biswas versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Somopriyo Chowdhury, Mr. Rajiv Lochan Chakraborty, Mr. Debapratim Guha, Mr. Priyanjit Kundu ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. PP., Mr. Madhusudan Sur, Ms. Manisha Sharma ... For the State.

Mr. Ankit Agarwala, Mr. Subir Debnath, Ms. Roma Roy ... For the Opposite Party No.2.

Mr. Sur, learned advocate appearing for the State has submitted report which reflects that a letter was communicated by the learned advocate for the petitioner informing that the proceedings before the learned court below has been stayed until further order.

I have checked the records of the revisional application and I find that the interim order was lastly extended on 22.09.2014 for a period of four weeks after the reopening of the Court after the puja vacation of that year. The matter was thereafter taken up on several occasions, but interim order was never extended thereafter.

The allegations are under Sections 365/366/376 of the Indian Penal Code. The offences complained of are sessions

triable. For miscommunication of the learned lawyer for the petitioner, the case has not started as is reflected from the report so submitted before this Court. The next date has been fixed by the learned Fast Track Court Ranaghat on 26.11.2021.

The learned trial court is directed to fix regular schedule on each and every month so that the trial of the case can be taken to its logical conclusion by the end of November 2023. No unnecessary adjournment should be granted to either of the parties and all the lawyers in this case would participate in spite of any resolution being taken by the local Bar. The learned trial court is directed not to take any lenient approach regarding the absence of the counsel when the matter is taken up.

Having regard to the fact that evidence has already commenced, I am not inclined to interfere with the merits of this case.

With the aforesaid directions, the revisional application being CRR 3246 of 2011 is disposed of.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are consequently disposed of.

The report dated 09.09.2021 submitted by Inspectorin-Charge, Ranaghat Police Station be kept with the record. Department is directed to communicate this order to the learned trial court within a period of seven days from date so that trial can commence immediately on 26.11.2021.

All parties including the learned trial Judge shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)