Anath Gharami vs The State Of West Bengal & Anr
2023 Latest Caselaw 2653 Cal

Form J(1)          IN THE HIGH COURT AT CALCUTTA
                      Criminal Revisional Jurisdiction
                                 Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                          C.R.R. 1337 of 2023
                            Anath Gharami
                                 Vs.
                   The State of West Bengal & Anr.

For the petitioner        : Mr. Souvick Mitra, Adv.
                            Ms. Subhasri Chatterjee, Adv.
                            Mr. Sayanta Chatterjee, Adv.

Heard on                   : 18.04.2023.

Judgment On                : 18.04.2023.

Bibek Chaudhuri, J.

Order No.20 dated 20th February, 2023 passed by the learned

Additional Sessions Judge, (Special POCSO Court) at Baruipur in Special

Sessions Triable No.15 of 2023 is under challenge in the instant revision.

In order to appreciate the issue, the following facts are required to be

brought on record:-

A co-accused namely Amit Gayen prayed for anticipatory bail before

this Court. The said application for anticipatory bail was rejected. Being

aggrieved with the said order passed on 20th September, 2022 by the

Division Bench of this Court in CRM(DB) 3144 of 2022, the said Amit Gayen

preferred one Special Leave to Appeal (Crl.) 10959 of 2022 before the

Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated 28 th

November, 2022 disposed of the said Special Leave with the following

order:-

"... No case is made out to release the petitioner on regular bail.

However, we direct the trial Court to expedite the trial and conclude the

same at the earliest preferably within a period of one year from today..."

After receiving such order, the learned Trial Judge preponed the date

of consideration of charge on 20th February, 2023.

It is the grievance of the petitioner that the petitioner was not

represented by his learned Advocate. He could not ventilate his defence at

the time of consideration of charge. He also did not get any opportunity to

make a prayer for discharging him from the case.

I have considered the submission made by the learned Advocate for

the petitioner.

When charge has been framed and date is fixed for commencement

of trial, this Court is not in a position to throttle the criminal proceeding at

the very beginning. The petitioner is at liberty to agitate his defence during

cross-examination of the witnesses on behalf of the prosecution.

The learned Trial Judge is directed to give adequate opportunity to

the learned Advocate for the petitioner for cross-examination on behalf of

the petitioner during trial.

With the above observation, the instant revision is disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.08.

D/L.