SUSHIL KUMAR SUREKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These are applications filed by the accused challenging an order dtd. 8/5/2025 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Kolkata in Sessions Case No. 100 of 2011 arising out of Shakespeare Sarani Police Station (K2) Case No. 116 dtd. 24/3/2010 under Sec. 304, 308, 427 and 109 of the Indian Penal Code read with Ss. 11C, 11J and 11L of the West Bengal Fire Services Act, 1950. As these applications arise out of the same proceeding, they are taken up for hearing together.

(2.) Learned senior counsels appearing on behalf of the petitioners submits as follows. The prime contention of the petitioners is that documents to be supplied to the petitioners for the criminal proceeding have not been supplied in accordance with law. There is no pagination of the set of documents supplied. Moreover, a list of documents that were not being relied upon ought to have been supplied to the accused. The same was not done. In spite of a direction passed by the learned trial Court in this regard, the same list of documents that was supplied earlier was resupplied. The petitioner would not be able to properly defend himself or even prosecute the application for discharge before the learned trial court unless they get all the documents and the lists required.

(3.) Learned Public Prosecutor representing the State submits as follows. In the instant case, the FIR was lodged on 24/3/2010. A charge sheet was submitted on 19/6/2010. The case was committed to the Sessions in 2011. For some time, the petitioners were before this Court praying for a relief. The relief was granted after a lapse of time. Then in 2019 a date was fixed for consideration of charge. For the first time, the petitioners prayed for supply of non relied documents in 2024. The question of non pagination of the documents have never been taken up in pleadings and are being taken up for the first time before this Court. The petitioners are unnecessarily trying to protract the criminal proceedings. It is categorically submitted that there is no document that had not been relied upon in this case. Therefore, pursuant to the direction passed by the learned trial Court, the same list of documents was supplied. However, the photographs, that were not supplied earlier, were supplied to the accused on 8/5/2025.