Milan Chakraborty v. State Of West Bengal And ANR

07.02.2024 Serial no. 148 [G.S.D] CRR 4748 of 2022 In the matter of : Milan Chakraborty ... ... Petitioner Mr. Sayan De Mr. Sanyan Kanjilal ... for the petitioner Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ... for the State Report submitted by the ld. advocate for the State be kept with the record.

The records reflect that opportunities were granted to the petitioner for cross-examination of P.W.1. However, in a designed manner the cross-examination of P.W.1 was not done.

I have perused the report submitted and I do not find any illegality in the order passed by the ld. trial court as the case was attempted to be dragged at the instance of the accused. However, the ends of justice being much more higher and the witness whose examination has been closed by the ld. trial court is the most vital witness. Accordingly, I am of the view that at least one further opportunity should be granted to the petitioner to cross-examine the said witness.

Under the given set of circumstances and on scrutiny of the conduct of the present petitioner, I am of the view that cost of Rs.10,000/- is to be imposed for adopting the method of dilatory tactics to hinder the smooth progress of the case.

In view of the aforesaid, I direct that after the next date, which was fixed by the ld. trial court, the trial court would fix two dates for cross-examination of P.W.1 and will not stretch the time period until the court on its own feels that for reasons beyond its control, the time period should be extended.

Accordingly, the order dated 1st November, 2022 is set aside to the limited extent of allowing the p.w.1 to be cross-examined as directed above.

The cost so imposed is to be deposited with the State Legal Services Authority and the receipt of the same be produced before the ld. trial court prior to the next date so fixed therein.

With the aforesaid observations, CRR 4748 of 2022 is party allowed.

Pending application, if any, is also disposed of. Report so submitted by kept with the record.

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.)