Basantlal Gupta @ Mohanlal v. State Of West Bengal And ORS.

25.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.123 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4590 of 2023 In the matter of : Basantlal Gupta @ Mohanlal ... Petitioner.

Mr. Asimes Goswami ... For the Petitioner.

Mr. Rudradipta Nandy, Md. Anwar Hossain ... For the State.

Mr. Sandipan Ganguly, Ms. Priyanka Sarkar, Ms. Ayesha Siddiqui ... For the Opposite Party No.5.

Mr. Goswami, learned advocate appearing for the petitioner expresses his anxiety regarding the manner in which the trial has been conducted and vital documents not being produced or the witnesses having not turned up. I have considered the submissions of the learned advocate for the petitioner as also perused the stage of the case wherein the learned Magistrate was pleased to fix date for examination of the accused under Section 313 of the Code of Criminal Procedure.

Mr. Ganguly, learned advocate appears for the opposite party no.5.

Mr. Nandy, learned advocate appears for the State. Mr. Goswami, learned advocate for the petitioner has submitted that the injury report was not produced before the court at the time of evidence being recorded. Having considered that the trial is continuing for a period of 19 years, I direct the learned trial court to give another chance to the Officer-in-Charge, Dum Dum Police Station to file a report regarding the availability of the

witnesses. The case diary which may contain the exhibits, if not already exhibited, required for the purposes of the case be also produced before the learned trial court. The learned trial court would give four weeks time for the witnesses to be examined and the documents to be produced before the Court and thereafter proceed in accordance with law.

As a substantial period of time has lapsed since the initiation of the case, all efforts be taken to pronounce the verdict by 30.11.2024.

With the aforesaid observations, the revisional application being CRR 4590 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)