Bomkesh Sett And Others vs State Of West Bengal And Another
2023 Latest Caselaw 341 Cal

 D/L23                                    C.R.R.782 of 2021
11.01.2023

Bpg.

In Re: An application under Article 227 of the Constitution of India;

Bomkesh Sett and others Versus State of West Bengal and another

Mr. Soubhik Mitter, Ms. Rajnandini Das.

...for the opposite party no.2.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Ms. Zareen N. Khan, Ms. Sreeparna Das.

...for the State.

The present revisional application was preferred

challenging the judgment and order dated 13.03.2020 passed by

the learned Sessions Judge, Howrah in Criminal Revision No.102 of

2019 affirming the order dated 05.08.2019 passed by the learned

Judicial Magistrate, 5th Court, Howrah in connection with Howrah

Police Station Case No.807 of 2014 corresponding to G.R. Case

No.9546 of 2014 under Section 354A(1)/354(b)/34 of the Indian

Penal Code.

It is reflected that the petitioners filed an application

under Sections 137/138 of the Evidence Act read with Section 311

of the Code of Criminal Procedure for recalling the witness who was

already examined. Learned Magistrate after relying upon the

judgment of the Hon'ble Supreme Court in case of State (NCT of

Delhi) V. Shib Kumar Yadav @ Anr. reported in (2016) 2 SCC 402

was pleased to reject the said application. Learned sessions court

on an appreciation of the materials did not differ with the findings

of the learned Magistrate and affirmed the said order dated

05.08.2019.

The revisional application was admitted on 17.03.2021.

There was no interim order at the stage of admission.

Having considered the time period which has passed in

the meantime, which is more than three years since the prayer was

rejected by the learned Magistrate and the fact that no question of

law has been framed which could show that prejudice has been

caused to the petitioners, I am of the opinion further interference by

this Court is unwarranted.

Accordingly, CRR 782 of 2021 is dismissed.

Pending application, if any, is consequently dismissed.

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

downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance of all requisite

formalities.

(Tirthankar Ghosh, J.)