Sudhangsu Sekhar Das Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

Sudhangsu Sekhar Das Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

CRR 47 of 2023 disposed of with directions: complete cross-examination of CSW1 by 31 July 2024, failing which the ld. Magistrate may decide whether her evidence is required; fix one date every 45 days for the remaining witnesses with liberty to appear on two dates; accused/petitioner not to defer cross-examination on lame excuses; Inspector-in-Charge, Sonarpur P.S. to be noticed on witness non-availability to ensure attendance or report reasons; prosecution witnesses to be completed by 31 December 2025, with the trial court then to pronounce its verdict within a reasonable period. Pending application, if any, also disposed of.

Issue for consideration

Whether, if the cross-examination of CSW1 is not completed by 31 July 2024, the ld. Magistrate may exercise his discretion as to whether the evidence of that witness is required. +1 more

Court's answer

The court directed that if the cross-examination of CSW1 is not completed by 31 July 2024, the ld. Magistrate would exercise his discretion as to whether the evidence of the said witness is required or not.

Ratio / Principle

For the rest of the witnesses, the ld. Magistrate is to fix one date in every 45 days and grant liberty to the witnesses to appear before the court on two dates.

Key takeaways

The accused/petitioner is to continue with the cross-examination and will not defer the cross-examination on any lame excuse.ratio¶13
In case of non-availability of witnesses, notice is to be issued to the inspector in charge of Sonarpur P.S., who is to communicate and ensure the availability of the witnesses and/or submit a report regarding the reasons for their non-availability.ratio¶14
The ld. trial court is to ensure that the prosecution witnesses are completed by 31 December 2025.

Detailed headnote1 paragraphs

Calcutta High Court (Tirthankar Ghosh, J.), order dated 15.05.2024, disposing of CRR 47 of 2023 in the matter of Sudhangsu Sekhar Das (petitioner), a criminal trial matter before the ld. Magistrate. The case was instituted in 2015, charge framed on 12.07.2016, and although summons were regularly issued since July 2016, witnesses did not appear; CSW1 Soma Das was examined-in-chief on 13.03.2023 with cross-examination only in part. Directions issued: (i) cross-examination of CSW1 to be completed by 31.07.2024, failing which the ld. Magistrate may exercise discretion whether her evidence is required; (ii) for remaining witnesses, one date every 45 days with liberty to appear on two dates; (iii) accused/petitioner to continue cross-examination without deferring it on lame excuses; (iv) on witness non-availability, the Inspector-in-Charge of Sonarpur P.S. to be notified to ensure attendance or report reasons; (v) prosecution witnesses to be completed by 31.12.2025, thereafter verdict within a reasonable period. Pending application, if any, also disposed of.

15.05.2024

Serial no. 36 [G.S.D]

CRR 47 of 2023

In the matter of : Sudhangsu Sekhar Das

… … Petitioners

Mr. G. C. Baidya

Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sujata Das

… for the petitioners … for the State

Report submitted by the State be kept with the record.

The report reflects that the witnesses were regularly summoned but they did not appear before the court. On 13.3.23, CSW1, namely, Soma Das, was examined-in-chief but cross-examination was done in part and next date was fixed on 15^th of May, 2024.

Having considered that the case was instituted in the year 2015, charge was framed on 12^th of July, 2016 and the ld. Court, since July, 2016, has been regularly issuing summons for appearance of the witnesses, I direct that, in case, the cross-examination of CSW1 is not completed by 31^st of July, 2024, in that case, the ld. Magistrate would exercise his discretion as to whether the evidence of the said witness is required or not.

2

So far as the rest of the witnesses are concerned, the ld. Magistrate would fix one date in every 45 days and grant liberty to the witnesses to appear before the court on two dates. The accused/petitioner would continue with the cross-examination and will not defer the cross-examination on any lame excuse.

In case, there is non-availability of the witnesses, in that case, the inspector in charge of Sonarpur P.S. would be issued notice, who would communicate and ensure regarding the availability of the witnesses and/or submit a report regarding the reasons for non-availability of the witnesses.

The ld. trial court would ensure that the prosecution witnesses are completed by 31^st of December, 2025, thereafter, the ld. trial court would proceed with the case and pronounce its verdict within a reasonable period of time. With the aforesaid observations, CRR 47 of 2023 is disposed of.

Pending application, if any, is also disposed of.

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.)