Sanjoy Seal vs State Of West Bengal & Ors

An application under Section 311 of the Code of Criminal Procedure was preferred at the instance of the learned public prosecutor who was freshly

engaged on behalf of the State. The learned public prosecutor intended to re-examine/examine PW-1, PW-2 and PW-3 for the limited purpose of

identifying their signatures on the inquest report.

Another prayer was advanced for examining of two Doctors, Executive Magistrate and Investigating Officer of the case.

The learned trial court by its order dated 18.07.2017 refused to allow such prayer on the ground that the trial of the case is pending for a period of nine

years and earlier similar prayer was rejected.

Having regard to the nature of the witnesses and the prayer so advanced and the fact as it has been informed by the learned advocate appearing for

the State that the trial of the case is still pending at the stage of Section 313 of the Code of Criminal Procedure, I direct as a matter of last opportunity,

the State should be afforded a chance to examine the said witnesses for the ends of justice. However, no further time should be extended and the trial

should be completed within a definite period of time.

Accordingly, I direct that examination of the witnesses should commence on and from 01.08.2021. By the first week of August 2021, examination of

PW-1, PW-2 and PW-3 should be completed and by 31.08.2021, examination of two Doctors and the Executive Magistrate should be completed. The

examination of the Investigating Officer of the case should start on and from 01.09.2021 and all efforts should be taken so that examination-in-chief

and cross-examination of the Investigating Officer are completed by 15.09.2021. The learned court thereafter would fix date between 20.09.2021 and

30.09.2021 for examination of the accused persons under Section 313 of the Code of Criminal Procedure and all efforts should be taken to complete

the same within the said period. The defence thereafter should be afforded opportunity for completing their evidence (defence witnesses) by

30.11.2021

and the arguments of the case should start on and from 01.12.2021 and be completed by 15.12.2021 so that the learned trial court would be in a

position to deliver its judgement by 31.12.2021.

The learned trial Judge is directed to adhere to the time schedule, if otherwise the situation is not beyond his control.

With the aforesaid observations, CRR 1104 of 2018 is disposed of.

The learned Registrar (Judicial), High Court, Calcutta is directed to communicate this order to the learned Additional Sessions Judge, Fast Track

Court-3, Barrackpore, North 24- Parganas.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.