Naba Kumar Pal v. State Of West Bengal And ANR

04.12.2023 Serial no. 295 [G.S.D] CRR 4473 of 2023 In the matter of : Dr. Naba Kumar Pal ... ... Petitioner Mr. Uday Sankar Chattopadhyay Mr. Pronay Basak Ms. Trisha Rakshit Ms. Aishwarya Datta ... for the Petitioner Ms. Manisha Sharma ... for the State The petitioner is directed to serve upon Ms. Manisha Sharma, ld. advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority.

The present case being T.R. Case No. 8 of 2006 arose out of Digha P.S. Case No. 12 of 2005 dated 30.7.2005. The case is under the relevant sections of 409/420/120B of the IPC relating to criminal breach of trust. Presently, it has been submitted that only five witnesses have been examined and there are nothing on record for the petitioner to face the trial.

Be that as it may, as five witnesses have been examined, the trial must be taken to its logical conclusion. Accordingly, I direct the ld. trial court to fix at least a schedule consisting of three dates and fix such schedule

once in every twenty days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. The Superintendent of Police, Purba Medinipur will engage a Nodal Officer in the rank of Deputy Superintendent of Police/Sub-Divisional Police Officer to monitor regarding the availability of the witnesses on the date so fixed by the ld. trial court. Records be placed before the ld. trial court on the date so fixed by the ld. public prosecutor conducting the case. No unnecessary adjournment be granted to either of the parties.

In case, after due diligence any particular witness is not traced out, a report, to that effect, be immediately filed before the ld. trial court so that the trial court would be in a position to take a decision whether to close the evidence of the particular witness concern, so that the trial may be taken to its logical conclusion at the earliest. The ld. trial court is directed to follow the aforesaid steps and conclude the evidence of the prosecution preferably by 30th of September, 2024.

With the aforesaid observations, CRR 4473 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 at 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.)