Disposed

Kush Das @ Kusha Das v. State of West Bengal and Ors.

Calcutta HC10 May 2024CRR/1146/2023

Case brief

AI extract

What is this about?

This court directed a Fast Track Court to recall nine prosecution witnesses. A nodal officer was appointed to ensure availability, and a strict timeline was set for examination-in-chief and cross-examination by September 15, 2024, particularly for a Section 302 IPC case.

What did the court decide?

Direction to the trial court to recall nine prosecution witnesses and complete their examination by September 15, 2024.

Kush Das @ Kusha Das Vs State of West Bengal… — Civil Procedure and Limitation | Calcutta HC (2024)

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10.05.2024 SL. 64 Court No. 34 Suvayan

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C.R.R. 1146 of 2023

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In Re: - An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure.

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And

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In the matter of: Kush Das @ Kusha Das

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Mr. Sabyasachi Bhattacharjee Mr. Zeeshan Ahmed Tarafder

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…for the petitioner.

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Mr. Debasish Roy, PP Mr. Arijit Ganguly Ms. Sreemoyi Roy

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…for the State.

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The report as filed by the learned Advocate for the State be

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taken on record.

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Report submitted by the Deputy Commissioner of Police, Bidhannagar Police Commissionerate reflects that ten witnesses were vital for the prosecution who have not been examined in the instant case. Out of whom one Md. Jamal passed away during Covid period as such nine witnesses who are available and for ends of justice they are required to be examined.

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Accordingly, I direct the learned trial court being the learned Additional Sessions Judge, Fast Track Court, 1^st Court at Barasat to recall the following nine witnesses whom the prosecution intends to examine considering the nature of the charges which were framed by the learned trial court.

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The following witnesses being:

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Md. Chand

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Smt. Tara Begum

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Md. Nadim

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Sk. Raju

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Md. Nadim

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Kumari Derakshi Khatun

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Md. Nasim

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Md. Akhtar

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Md. Soukat Ahamed

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The Deputy Commissioner of Police, Bidhannagar Zone is directed to engage a nodal Officer who would follow the case regularly and make the witnesses available on the date so fixed by the learned trial court.

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Learned Trial Court is directed to fix three dates in a week for the purposes of the present case on and from July 15, 2024.

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All efforts be taken so that by September 15, 2024, the examination-in-chief and cross-examination of all nine witnesses are completed. All efforts be taken by the prosecution as well as the Deputy Commissioner, Bidhannagar Division who has submitted the report that there should not be any leniency shown in the case which is under Section 302 of the Indian Penal Code. Learned trial court would after the nine witnesses are over within the scheduled date proceed in respect of the provisions of Section 313 of the Code of Criminal Procedure and if required the defendants intend to examine any witness in support of their case grant time.

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It is further directed that as a specific schedule is directed by this Court, the participating Advocates will not stall the proceedings in spite of resolution of the local Bar being taken for any reason or the other. There shall be continuation of the proceedings and no witness should return back without being examined in Court.

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Learned Public Prosecutor conducting the case will produce the materials, documents and exhibits on the next date so fixed for examination of the witness concerned. All efforts be taken by the stakeholders to conclude the trial meaningfully within the schedule and the mode and manner described above.

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With the aforesaid observation, CRR 1146 of 2023 is disposed of.

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All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this Court.

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(Tirthankar Ghosh, J.)

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Kush Das @ Kusha Das v. State of West Bengal and Ors.

Case brief

What is this about?

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Kush Das @ Kusha Das v. State of West Bengal and Ors.

Case brief

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