Nurul Islam @ Nur vs The State Of West Bengal & Anr
2023 Latest Caselaw 714 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                        CRR 3682 of 2022
                        Nurul Islam @ Nur
                                Vs.
                 The State of West Bengal & Anr.

For the petitioner      : Mr. Kusal Kumar Mukherjee, Adv.
                          Mr. Diptangshu Basu, Adv.

For the State           : Mr. Ranabir Roy Chowdhury, Adv.
                          Mr. Bibaswan Bhattacharya, Adv.

Heard on                : 24.01.2023

Judgment On             : 24.01.2023.


Bibek Chaudhuri, J.

The petitioner is the accused in Sessions Triable Case under

Section 302 of the Indian Penal Code. The case is at the verge of

conclusion. Only the Autopsy Surgeon and the Investigating Officer

are left to be examined. At this stage, the petitioner filed an

application under Section 311 of the Code of Criminal Procedure

praying for recalling of prosecution witnesses Nos.4,10,12 and 16 for

further cross-examination.

The learned Trial Judge rightly rejected the said application on

the ground that the application was not appended with questionnaire

to be asked to the above-named witnesses.

I do not find any illegality or material irregularity in the

impugned order. Accordingly, the revisional application is dismissed.

However, the petitioner is at liberty to file fresh application with

questionnaire appended thereon and the learned Trial Judge shall

consider such application without being influenced in any way by the

instant order. It is open for the learned Trial Judge to decide

independently as to whether such questions are required to be asked

to witnesses Nos.4,10,12 and 16 for just decision of the case. On his

independent appraisal of the entire facts and circumstances, he is at

liberty to dispose of such application within three weeks from the date

of communication of this order. If no application is filed within the

time framed, the learned Trial Judge shall not extend the time on the

prayer of the defence.

The petitioner is at liberty to act on the server copy of the

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.25.

D/L.