26.

22-04-2025 (ct. no.07)

debajyoti CRR 998 of 2025 In re: An application under Section 401 read with Section

482 of the Code of Criminal Procedure/Section 442 read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita.

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In the matter of : Prabir Kumar Dutta .... Petitioner.

Mr. Pradip Kumar Roy, Sr. Adv., Mrs. Dipanwita Sarkar … For the Petitioner.

Mr. Debasish Roy, learned Public Prosecutor, Mr. Joydeep Biswas, Mr. Dipankar Paramanick … For the State.

1. This revisional application has been filed challenging three orders dated 16.12.2023, 05.02.2025, and 06.02.2025 passed by the learned Court of the Additional Sessions Judge, Bolpur, Birbhum, in Sessions Case No. 35 of 2020 corresponding to S.T. no. 1(1) of 2022, arising out of Bolpur Police Station Case No. 245 of 2016 dated 21st September 2016, registered under Sections 323, 325, 419, 420, 304, and 201 of the Indian Penal Code.

2. One Raju Thandar had been arrested by the present petitioner during his tenure as the Officer-in-Charge of Bolpur police station under Section 34 of the Police Act. The genesis of the case lies in the incident involving the alleged custodial death of the said Raju Thandar, which is regarded as one of the gravest forms of crime in a civilized society, particularly egregious when committed by an individual entrusted with the role of protector of citizens and guardian of their fundamental rights, acting under the authority and shield of the uniform.

3. The FIR was lodged in the year 2016. Upon conclusion of the investigation, a charge sheet vide. Bolpur P.S. C.S. no.

116 of 2020 dated 8.6.2020 was submitted against one Nantu Jash @ Baban U/s. 323/325/419/420/304/201 IPC Subsequently, a supplementary charge sheet vide. no. 229 of 2020 dated 3.10.2020 U/s. 166/167/323/325/343/304/201 IPC against the petitioner. Following the completion of all requisite legal formalities, the case was committed to the Court of Sessions and subsequently transferred to the learned Court of the Additional District and Sessions Judge, Birbhum, for trial.

4. The petitioner surrendered before Narendrapur Police Station, District – South 24 Parganas, on 08.11.2020, and was subsequently taken into custody. The case was fixed for framing of charge; however, the petitioner got himself admitted to a hospital, which led to a delay. Ultimately, charges were framed on 12.01.2022. The petitioner is presently undergoing trial while in custody.

5. The petitioner made several attempts to secure bail by filing repeated applications before this Hon’ble Court, but was unsuccessful in obtaining a favourable order of release. In a bail application registered as CRM (DB) No. 3018 of 2023, a Hon’ble Division Bench presided over by the Hon’ble Justice Joymalya Bagchi (as His Lordship then was), in its order dated 10th August, 2023, took serious note of the lackadaisical manner in which the prosecution had been conducted by the Public Prosecutor. The Hon’ble Bench further observed that the Public Prosecutor had failed to properly examine vital witnesses, which led the Hon’ble Bench to direct the Legal Remembrancer to take immediate steps for the removal of the said Public Prosecutor and to appoint a Special Public Prosecutor to conduct the trial. Additionally, the Hon’ble Division Bench observed that it would be open to the Special Public Prosecutor to recall any prosecution witnesses, if necessary, to ensure a just decision of the case.

6. The petitioner states that, pursuant to the liberty granted by the Hon’ble Division Bench, the prosecution recalled as many as 18 witnesses. Of them, all were examined and duly cross-examined by the petitioner, except for three witnesses. During the examination-in-chief of PW 9, PW 27, and PW 28, certain untoward incidents occurred within the courtroom. Following a heated altercation, the defence counsel representing the present petitioner left the courtroom without conducting cross- examination of those three witnesses. The learned trial court recorded that