Golam Barik v. State Of West Bengal

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 4591 of 2022 Golam Barik Vs.

The State of West Bengal Mr. Shataroop Purkayastha Mr. Jagriti Bhattacharya ..for the petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P.

Mr. Imran Ali Ms. Debjani Sahu ..for the State Item No. 05 Heard & Judgment on:

29.03.2023 Bibek Chaudhuri, J.

The instant revision is filed by the petitioner/accused in Sessions Case No. 35(9) of 2022 arising out of Nadial Police Station Case No. 124 of 2022 dated 29th June, 2022 under Section 376(2) (1) and 506 of the Indian Penal Code. It is the grievance of the petitioner that during investigation of the case the opposite party/complainant

was pregnant and subsequently gave birth of a child. On the prayer of the petitioner DNA test of the baby and the petitioner was done. The report is received by the Investigating agency. However, it has not been produced before the trial Court. So, the petitioner wants that the DNA test report be filed before the learned trial Judge by the prosecution and the case may be proceeded expeditiously. Learned P.P.-in-charge supports the contention of the learned counsel for the petitioner. It is submitted that the report has already been received and the report will be produced before the trial Court at the earliest as per direction of this Court.

In view of such circumstances, let the report be produced before the trial Judge within a fortnight through the learned Public Prosecutor attached to the Court of the learned trial Judge. After production of the documents the case may be proceeded expeditiously in accordance with law.

The instant revision is, thus, disposed of.

Copy of the report be kept with the record.

(Bibek Chaudhuri, J.)