State Of West Bengal vs Ajmal Siddique @ Ajmal Siddiki
2022 Latest Caselaw 4933 Cal

01.08.2022 Item No.105 ML Suman Ct.42

CRR 2625 of 2022

State of West Bengal Vs.

Ajmal Siddique @ Ajmal Siddiki

Mr. Saswata Gopal Mukherjee, Ld. P.P. Mr. Neguive Ahmed Ms. Trina Mitra ...for the State/petitioner

Mr. Ayan Bhattachacya Mr. Pawan Kumar Gupta Mr. Amitava Roy ...for the Opposite Party

The State of West Bengal has filed the instant

revision challenging legality, validity and propriety of

order No.125 dated 31st March, 2022.

By passing the impugned order the learned trial

Judge allowed the prayer made by the accused Ajmal

Siddique for re-examination of a witness who has

already been examined and discharged under Section

311 of the Code of Criminal Procedure.

The learned trial Judge allowed two applications to

be put to the witness in cross-examination i.e., the

educational qualification of the witness and if P.W.1 is

able to place any document to prove her identity.

It is on record that similar prayer along with other

questions were attempted to be asked to P.W.1 by the

above named accused during trial by filing an

application under Section 311 of the Code of Criminal

Procedure. The said application was rejected. Against

the said order passed by the learned trial Judge a co-

accused filed a criminal revision being No.3251 of 2019

before this Court. The said revisional application was

dismissed vide order dated 21st January, 2022.

The question involved in the instant revision is as

to whether a co-accused can file almost similar

application at the later stage of trial when almost similar

prayer was rejected by this Court at the instance of a

co-accused.

The instant revision is admitted for hearing.

Since Mr. Ayan Bhattacharya, learned advocate

for the opposite party has entered appearance, the

learned Public Prosecutor, High Court, Calcutta is

requested to serve a copy of the application to Mr. Ayan

Bhattacharya within three days from the date of this

order.

The opposite party No.2 is at liberty to file affidavit-in-

opposition, if any, against the instant revisional

application and serve a copy of the same to the learned

Public Prosecutor, High Court, Calcutta within two weeks

from the date of this order.

The learned Public Prosecutor, High Court,

Calcutta is at liberty to file affidavit-in-reply on behalf of

the State, if any.

In the meantime, there shall be an interim order

of stay of operation of the impugned order dated 31 st

March, 2022 in S.T. Case No.10 of 2018 for a period of

four weeks.

However, this Court will not debar the prosecution

to examine other witnesses in the trial Court. The

learned trial Judge is at liberty to proceed with the

hearing of the case but the accused persons shall not be

examined under Section 313 of the Code of Criminal

Procedure and no judgment will be passed in S.T. Case

No.10 of 2018 till disposal of the instant application.

(Bibek Chaudhuri, J.)