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Calcutta High CourtCRR/3989/2023disposed

Sasim Kumar Biswas v. State Of West Bengal

2024-04-02Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.3989 of 2024 D/L55 02.04.2024 Bpg.

In Re: An application under Section 401 read with 482 of the Code of Criminal Procedure;

Sasim Kumar Biswas

Versus

The State of West Bengal Mr. Tauhid Khan Mr. Sirsendu Sinha Roy.

...for the petitioner.

Md. Kutubuddin.

...for the State.

Report submitted by the State be kept with the record. The present case being Chapra Police Station Case No.297 of 2009 is pending for a considerable period of time and report which has been submitted by the learned advocate appearing for the State primarily reflects that the accused no.6, namely, S. Biswas, Civil Engineer in Diploma, Naldaha is absconding and the execution return has been fixed on 30.08.2024. Learned trial court is directed to exhaust the process of law by adhering to the statutory provisions and complete the same by 30th November, 2024. Thereafter, the case be spilt up and the accused persons who are participating in the trial of the case may be dealt with in accordance with law. Learned trial court would within 30th November, 2024 over come the consideration of charges and if it feels that the trial is to progress, in that case, would fix schedule consisting of three dates and fix such date once in every 20 days so that the trial of the case can be concluded within a

reasonable period of time. No unnecessary adjournment be granted to any of the parties. The Inspector-in-Charge/Officer-in-Charge of Chapra Police Station would act as Nodal Officer and will make available all the witnesses on the date so fixed by the learned trial court or in the alternative submit a report regarding the reasons for non-availability of the witnesses concerned. Learned Public Prosecutor conducting the case would produce all the materials, documents and exhibits on the date so fixed for examination of the witnesses. All stakeholders would cooperate with the trial court to conclude the trial at the earliest.

With the aforesaid observations, CRR 3989 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

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 of all requisite formalities.

(Tirthankar Ghosh, J.)