Chanchal Guha vs The State Of West Bengal
2023 Latest Caselaw 5630 Cal

 D/L56                                  C.R.R.3175 of 2023
28.08.2023

Bpg.

In Re: An application under Article 227 of the Constitution of India read with Section 483 of the Code of Criminal Procedure, 1973;

Chanchal Guha Versus The State of West Bengal

Mr. Kallol Basu Mr. Suman Banerjee.

...for the petitioner.

Mr. S.G. Mukherjee, Ld.P.P. Mr. Imran Ali Ms. Debjani Sahu.

...for the State.

Petitioner is directed to serve a copy of the revisional

application upon Ms. Debjani Sahu, learned advocate, who

ordinarily appears on behalf of the State. Her appointment may be

regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits

that the prosecution in order to prove its case relied upon nine

witnesses, but till date the examination of six witnesses have been

over and the cross-examination in respect of PW 7 is in progress.

Learned advocate also submits that the next date has been fixed on

30th November, 2023 and after cross-examination of PW 7, two more

witnesses whose examination-in-chief and cross-examination is left.

Having regard to the fact that the case was instituted

nine years ago, I direct that the learned trial court on and from 30th

November, 2023 would fix at least one date in every 15 days so that

the evidence of the prosecution witness is completed by 31st

January, 2024. Learned trial court would thereafter fix date for

examination under Section 313 of Cr.P.C., allow the defence to

examine its witness and take efforts so that the judgment of the

present case is pronounced by 30th June, 2024. In case on

November 30, 2023, PW 7 do not appear before the learned trial

court, the learned trial court would seek assistance of a Superior

Officer of Police for execution of the process so that the PW 7 may

appear. In case PW 7 do not appear, the learned trial court would

take a decision as to whether the evidence of the particular witness

can be skipped/closed and the case be proceeded.

With the aforesaid observations, CRR 3175 of 2023 is

disposed of.

Pending application, if any, is consequently disposed of.

All 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 of all requisite

formalities.

(Tirthankar Ghosh, J.)