Rkb vs Ct Subir Sircar & Anr
2023 Latest Caselaw 1109 Cal

20 09.02. C.O. 59 of 2023 AG 2023 M / Anjum Shamsi & Ors RKB Vs Ct Subir Sircar & Anr

Mr. Samir Kumar Dhar, Mr. Chittapriya Ghosh, Mr. Priyanka Saha, ... For the petitioners.

Mr. Subhasis Sen, Mr. Chirantan Sarkar, ... For the opposite parties.

Rejection of a prayer for recalling of a

witness/DW 3 for the purpose of clarification of her

statement made in some of the lines of her testimony,

is under challenge in this case.

Mr. Samir Kumar Dhar, learned advocate for the

petitioners being assisted by Mr. Chittapriya Ghosh

disputes with the impugned order submtting that

there has been mis recording of statement of DW 3 in

her cross-examination, which has invited

complication, and unless the same is corrected, there

will be injustice caused to the petitioners.

Mr. Subhasis Sen, learned advocate appearing

for the opposite parties denies such submission of

petitioner, submitting that when there has been cross-

examination undertaken to testify the veracity of the

statement deposed in the testimony of chief of DW 3,

there is no justification of allowing recalling of DW 3.

The matter needs further consideration.

Opposition in the form of an affidavit may be

filed by the opposite parties within fortnight hence.

Reply, if there be any, one week thereafter.

List the matter for hearing in the third week of

March, 2023.

Till such time the judgment may not be

delivered.

(Subhasis Dasgupta, J)