Ambarish Barai @ Ambarish Barui @ Ambu v. State Of West Bengal

05.03.2024 Serial no. 7 [G.S.D] CRR 4165 of 2023 In the matter of : Ambarish Barai @ Ambarish Barui @ Ambu ... ... Petitioner Mr. Shibaji Kumar Das Mr. Samrat Chaudhury ... for the petitioner Mr. Antarikhya Basu ... for the State The present revisional application has been preferred for expeditious disposal of S.C. Case No. 28 of 2020 relating to Kalyani P.S. Case No. 1 of 2019.

Ld. Advocate for the petitioner submits that charge sheet was submitted against eight accused persons, one of whom has expired.

Records of the case reflect that against two of the accused persons, warrant of arrest is pending and, as such, there is no progress before the ld. Addl. Sessions Judge, Fast Track Court, Kalyani, Nadia.

The ld. Sessions Court in seisin of the matter is directed to ensure regarding the execution by issuing necessary instructions to the concerned executing authority on the next date so fixed. The ld. Trial court would proceed to exercise the powers under section 82 of the cr.p.c. and

thereafter after exhausting the process under section 83 of the cr.p.c. take a decision as to whether the trial is required to be split up.

If the ld. Trial court is of the opinion that the trial is required to be split up in respect of the accused persons, who are regularly facing trial, the ld. Trial court would thereafter abide by the provisions under sections 309 of the cr.p.c. and take all efforts to conclude the trial at the earliest.

With the aforesaid observations, CRR 4165 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)