Bomkesh Sett & Ors vs Unknown
2021 Latest Caselaw 2054 Cal

169   17.03.2021                             CRR 782 of 2021
NB
      Ct. No. 32   In the matter of:- Bomkesh Sett & Ors.                            ...petitioners

                                     Mr. Sudipto Moitra,
                                     Mr. Subhasish Pachhal,
                                     Mr. Rameshwar Sinha.
                                              ...for the petitioners.

This is an application challenging a judgment and order dated

13.03.2020 passed by the learned Sessions Judge, Howrah in Criminal

Revision No.102 of 2019, thereby affirming the order passed by the learned

Trial Court refusing to allow an application under Sections 311 of the Penal

Code.

Learned Senior Counsel appearing on behalf of the petitioners

submits as follows. The case arose out of disputes between the family

members. During trial, after examining of PW1, the learned advocate of the

accused passed away. The newly appointed advocate found certain

insufficiency in the cross-examination done thus far. Accordingly, an

application was filed under Section 311 of the Code. The same was not

properly considered by the learned trial Court or by the learned revisional

Court.

Let the petitioners serve a copy of this application upon the State

through the learned Public Prosecutor and upon the opposite party no.2 by

speed post with acknowledgment due, within a week. An affidavit of

service to that effect shall be filed on the next date of hearing.

Let this matter appear under the same heading 'Listed Motion'

two weeks hence.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)