Debasish Ghosh @ Debasish Ghosh vs State Of West Bengal & Anr
2022 Latest Caselaw 1304 Cal

17.03. 2022 item No.36.

n.b.

ct. no. 34 CRR 3681 of 2019

Debasish Ghosh @ Debasish Ghosh Vs.

State of West Bengal & Anr.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick .....for the opposite party.

The present revisional application has been preferred

against the judgment dated 30.09.2019 passed by the Learned

Additional District & Sessions Judge, Fast Track, Chandernagore,

Hooghly in Criminal Motion Case No.15/2008 under Sections

397/399 of the Criminal Procedure Code, 1973 wherein the present

petitioner challenged the order passed by the Learned Additional

Chief Judicial Magistrate, Chandeannagore in C.R. Case No.156 of

2016 wherein the Learned Magistrate was pleased to refuse the

application under Section 311 of the Code of Criminal Procedure. I

have perused the application under Section 311 of the Code of

Criminal Procedure wherein the prayer was advanced after the

cross-examination of P.W. 1 was over. The foundation of such

prayer is on the basis of certain documents, which were not made

available to the accused at the time of cross-examination, and was

available after the cross-examination was over. Since the issue for

recalling is restricted on the points of certain documents, the

complainant is not required to be recalled on such foundation. The

accused will be at liberty to produce such documents which is in

his custody at the time of examination of defence witnesses. Since

the application under Section 311 of the Code of Criminal

Procedure lacks merits, no interference is called for regarding the

order passed by the Learned Magistrate as well as the Learned

Sessions Court in its judgment and order dated 30.09.2019.

Thus, CRR 3681 of 2019 is disposed of.

All pending connected applications, if any, are

consequently disposed of.

Interim order, if any, is hereby vacated.

Learned Trial Court is directed to expedite the progress of

the trial preferably within a period of one year from the date of

communication of this order.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)