Sujal Kumar Malik v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 08-03-2024 Subha Item no.16 Ct no.34 CRR 4182 of 2023 Sujal Kumar Malik -versus- The State of West Bengal & Anr.

Mr. Manas Kumar Das Mr. Aritra kumar Thokdar .....for the petitioner.

Ms. Mamata Jana ......for the State.

The evidence in connection with Dum Dum Police Station Case No. 419 of 2021, which is pending before the learned Judicial Magistrate, 5th court, Barrackpore has already commenced. Record reveals that the evidence of PW-1 was completed on 19th February, 2024 and 8 more witnesses are yet to be examined. Having regard to the progress of the case, I direct the learned Judicial Magistrate to fix at least one date in every 45 days so that the trial can be taken to its logical conclusion within a reasonable period of time.

The Deputy Commissioner-in-Charge of Dum Dum Police Station would send necessary instructions to the Inspector-inCharge, Dum Dum Police Station so that in case any summons are to be served upon the witnesses concerned, the same may be done promptly and if a witness is not present in court, a report must be sent and submitted by the learned Public Prosecutor conducting

the case relating to the non-availability of the witness concerned. Three chances be given for availability of the witnesses. Thereafter, it would be the discretion of the court whether to examine such witness for the ends of justice or not.

With the above observations, the present revisional application being CRR 4182 of 2023 is disposed of. Report so submitted by the SI, Dum Dum PS, BKPC through the learned advocate for the State be kept with the record. Pending applications, if any, are consequently disposed of. 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]