Kingshook Ghosh vs Smt. Piyali Ghosh @ Pialy Ghosh
2023 Latest Caselaw 4861 Cal

                                        1

                      IN THE HIGH COURT AT CALCUTTA
                     CRIMINAL REVISIONAL JURISDICTION
                              APPELLATE SIDE


Present:

The Hon'ble Justice Ananya Bandyopadhyay



                             C.R.R. 2140 of 2014

                              Kingshook Ghosh
                                      Vs
                       Smt. Piyali Ghosh @ Pialy Ghosh


For the Petitioner       : Mr. Apurba Kumar Ghosh
                           Mr. Rudranil Ghosh

For the Opposite Party : Mr. Sarbananda Sanyal
                         Ms. Poulami Chakrabory

Heard on                 : 26.04.2023

Judgment on              : 08.08.2023



Ananya Bandyopadhyay, J.:-

1.

The instant criminal revisional application is filed against an order dated

07.05.2014 passed by the Learned Additional District and Sessions Judge,

Fast Track Court, Katwa allowing the amendment application dated

06.08.2011 filed by the opposite party and thereby setting aside the

impugned order dated 08.12.2011 passed by the Learned Judicial

Magistrate, 2nd Court, Katwa in connection with the Misc. Case No. 5 of

2009, pending before the Learned Judicial Magistrate, 2 nd Court Katwa.

2. The Learned Trial Court refused to entertain a petition for amendment filed

by the petitioner claiming the same vexatious, belated and after-thought at

a stage wherein the cross-examination of the petitioner was in process and

denied the petitioner to introduce facts unknown to him giving rise to new

cause of action after a lapse of considerable period of time, since the actual

case was filed on 07.01.2009.

3. It was further observed that the contentions in the amendment petition

can be incorporated by way of re-examination during the process of trial

which will not prejudice the rights of the parties.

4. This Court finds no reason to interfere with the impugned order and

instant criminal revisional application is dismissed.

5. Accordingly, the instant criminal revisional application stands disposed of.

6. There is no order as to cost.

7. Let the copy of this judgment be sent to the Learned Trial Court as well as

the police station concerned for necessary information and compliance.

8. All parties shall act on the server copy of this judgment duly downloaded

from the official website of this court.

(Ananya Bandyopadhyay, J.)