Smt. Kanchan Rajput v. The State (CBI)

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR 34/2022 Smti. Kanchan Rajput ... Petitioner Vs.

The State (CBI) ...Respondent Mr. Mohammed Tabraiz ...for the Petitioner Mr. Rakesh Pal Gobind ...for the respondent December 14, 2022 [MAM] Item No.10 I am dealing with an application on behalf of the petitioner with a prayer for quashing the order dated 16th November, 2022 whereby learned Special Judge allowed the respondent (CBI) to adduce further evidence by allowing the application filed under Section 311 of the Criminal Procedure Code and also prayer for extending time for further three months in favour of the petitioner for adducing evidence for the defence.

Both the learned Advocates appearing on behalf of the contesting parties are present.

Admittedly, by the order dated 29th June, 2022 this Court passed specific direction upon the trial Court and the respondent to complete the examination of witness on behalf of the State within 31st August, 2022 along with direction upon the Court to examine the accused under Section 313 of the Cr.P.C on or about third week of September, 2022 and also directed to pronounce the judgement by 30th November, 2022.

In view of the aforesaid order passed by the Hon'ble Court fixing particular date for disposal of the case, the petitioner has come with a prayer for extension of time for examining defence witnesses as opportunity to do the same was already granted by this Court by the order dated 29th June, 2022.

From the order passed by the learned Special Judge dated 16th November, 2022 it is found that on prayer on behalf of the State learned Special Judge allowed the application under Section 311 of the Cr.PC directing the State to adduce additional evidence only for admission of documents after completion of defence witnesses. Learned Special Judge also aware of the order of this Court passed on 29th June, 2022 in connection with CRR No.22 of 2022. In the aforesaid view of the matter I am of the opinion that opportunity of adducing evidence should be given to the parties to the case to reveal the truth and therefore I find no reason to disallow the prayer for adducing evidence on behalf of defence and also on behalf of the State subject to specific time.

The petitioner/accused shall have to adduce evidence of her rest witnesses by 15th January and the State will adduce evidence for admission of documents by 22nd January, 2023. Learned Special Judge is requested to dispose of this case by pronouncing judgement preferably by 30th January, 2023.

With the aforesaid observation CRR 34 of 2022 stands disposed of. Interim application, if there be any, also stands disposed of.

Let a copy of this order be transmitted to the learned Special Judge advance.

(Bibhas Ranjan De, J.)