Dwijraj Roy Choudhury vs The State Of Assam And Anr
2025 Latest Caselaw 5549 Gua

Gauhati High Court

Dwijraj Roy Choudhury vs The State Of Assam And Anr on 19 June, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                        Page No.# 1/2

GAHC010256352024




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./490/2024

            DWIJRAJ ROY CHOUDHURY
            S/O LATE DILENDRA ROY CHOUDHURY
            R/O AMIYONAGAR, CHANDMARI UNDER CHANDMARI POLICE STATION,
            IN THE DISTRICT KAMRUP (M), ASSAM, PIN-781003



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM

            2:SMTI. HIMASHRI PATOWARY
            W/O SRI ARUPJYOTI DAS
            R/O . NO. 94
             BORBARI SHIV MANDIR PATH
             UNDER DISPUR POLICE STATION IN THE DISTRICT OF KAMRUP (M)
             GUWAHATI
            ASSAM
             PIN-78100

Advocate for the Petitioner   : MR. B M CHOUDHURY, MR. B ZAMAN,MR. U CHOUDHURY

Advocate for the Respondent : PP, ASSAM, MR. SARFRAZ NAWAZ, AMICUS CURIAE (R-2)




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 19.06.2025 Page No.# 2/2

Heard Mr. B.M. Choudhury, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam as well as Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent No2.

This application has been filed after the trial Court refused to allow the prayer under Section 311 of the Cr.P.C.

Mr. S. Nawaz, learned Amicus Curiae has relied upon the decision of the Hon'ble Supreme Court that was delivered in Sethuraman -vs- Rajamanickam reported in (2009) 5 SCC 153. In the said judgment, the Hon'ble Supreme Court has held that the refusal of the petition under Section 311 of the Cr.P.C., cannot be cured by a revision petition under Section 397 of the Cr.P.C.

I have considered the submissions made by the learned counsel for both sides. The present revision petition shall stand converted to a petition under Section 528 of the BNSS, 2023.

The petitioner is an accused before the trial Court and he is still behind the bar. The petitioner said that his lawyer did not ask some questions at the time of cross-examination of the prosecution witnesses. According to the petitioner, some questions should have been asked to the prosecution witnesses, which the defence lawyer did not ask. Therefore, the petitioner submits that for the ends of justice, he should be given some opportunity to further cross-examine some prosecution witnesses.

In view of the above, the prayer made by the petitioner is allowed. Therefore, exercising the power under Section 528 of the BNSS, 2023, the petition is allowed.

The refusal of the trial Court to allow further cross-examination of prosecution witnesses by the petitioner is set aside. The trial Court shall give adequate opportunity to the petitioner to further cross- examine the prosecution witnesses of his choice.

With the above observation, the criminal revision petition is disposed of.

JUDGE

Comparing Assistant