Gita Rani Saha v. State Of West Bengal & ORS

22.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.10 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3462 of 2019 with CRAN 2 of 2021 Gita Rani Saha versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with Garfa Police Station Case No. 38 dated 08.02.2017 under Section 306 of the Indian Penal Code.

Mr. Sumanta Ganguly ... For the Petitioner.

Mr. Swapan Banerjee, Mr. Suman De ... For the State.

Mr. Kushal Kumar Mukherjee ... For the Opposite Party No.2.

Mr. Sumanta Ganguly, learned advocate appears on behalf of the petitioner.

It has been informed by Mr. Banerjee, learned advocate appearing for the State that supplementary charge-sheet has already been filed before the learned trial court along with the expert's report which was subsequently received. It is reflected from the expert's report that some of the samples have been sent to serologist.

Be that as it may, the report of serologist may be produced in course of trial and for the same, progress of the trial should not be stalled.

It has further been informed that the next date has been fixed on 18.05.2022 for consideration of charge. Learned trial court is directed to consider the issue of framing of charges on the next date so fixed or within a week thereafter.

Let the trial of the case proceed after the date/schedule being fixed once in every two months until and unless the learned trial court deems it fit and proper for fixing earlier date for conclusion of trial. The prayer for further investigation as such need not be gone into by the learned trial court any further.

Learned public prosecutor representing the State would ensure regarding the availability of the witnesses on the dates/schedule so fixed by the learned trial court. With the aforesaid observations, the revisional application being CRR 3462 of 2019 is disposed of. Interim order, if any, is hereby vacated.

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

Let the report dated 21.04.2022 submitted by Officerin-Charge, Garfa Police Station be kept on record. All 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.)