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Judgments of Supreme Court of India and High Courts

CRR/1080/2019 on 11 July, 2019

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11.07.2019
21

Ct-14
pk C.R.R. 1080 of 2019

Mr. Sekhar Kumar Basu,
Mr. Abhijit Ganguly,
Ms. Suchismita Dutta
… For the Petitioner

Mr. Pratick Bose
… For the State

This is a rather surprising case. The defence has come forward before this Court seeking
prayers against order dated 7th April, 2018. The order has been passed under S. T. No. 12(11)/2011.

The Sessions trial had commenced under Sections 306, 307 and 498A read with Section
34 of the Indian Penal Code. 11 witnesses have been examined by the Prosecution. The trial has
started since 2011. Witness no. 12 is the Investigating Officer who is Mr. Barun Ghosh, S. I. He has
been summoned by the court below to depose evidence in the case in the trial. He has been evading
summons since August, 2017. The trial has therefore been stalled for well about two years.

This Court is unable to appreciate the disgraceful and recalcitrant conduct of Mr. Barun
Ghosh, S. I., who very interestingly is present in Court today. He has a lame excuse which is being
advanced in defense of his absence in the trial court for nearly two years. Such conduct is
reprehensible and cannot be excused.

In those circumstances, it is ordered that the S. I., Mr. Barun Ghosh shall personally
appear before the Sessions Trial in S. T. No. 12(11) of 2011 now pending before the Additional
District and Sessions Judge, Fast Track Court, Baruipur.

The Superintendent of Police, North 24 Parganas is hereby directed to initiate
departmental proceeding against the S. I., Mr. Barun Ghosh for deliberate and willful dereliction of
duty in refusing to appear before the court, as a consequence whereof the trial judge was on the
verge of issuing a warrant of arrest.

The trial is fixed by this Court to recommence and continue in accordance with law on
July 22, 2019 positively and without fail.

The Additional District and Sessions Judge, Fast Track Court, Baruipur is directed to
note the aforesaid direction and follow it strictly and letter and spirit.

It is recorded that Mr. Barun Ghosh has undertaken personally to be present on the date
fixed for the continuation of trial.

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A report shall be received from the Superintendent of Police, North 24 Parganas on or
before 24th July, 2019 when this matter shall be listed again.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously,
if applied for.

(Rajasekhar Mantha, J.)

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