Benode Mahato v. State Of West Bengal

01.10.2021 Ct No. 34 SL. No. 12 Somnath (PA)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE (Through Video Conference) CRR 1441 of 2011 Benode Mahato

Versus

State of West Bengal The present revisional application has been preferred challenging the order dated 05.03.2011 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Paschim Medinipur in Sessions Trial Case No. V of April, 2006 arising out of Salbani Police Station Case No. 76 of 1996 wherein the prayer of the petitioners to issue summons on the Director, Finger Print Bureau, for examination as an additional witness was rejected. The Learned Sessions Court observed that as the expert's opinion has been admitted in evidence by way of Ext. 22 under Section 294 of the Cr.P.C, physical appearance of such expert as unwarranted.

Records of the present revisional application reflect that there is an interim order for a period of 4 weeks by a Co-ordinate Bench passed on 20.06.2011. More than 10

years have passed no persuasion has been made by the petitioners.

Having regarding to the reasons so assigned by the Learned Trial Court and the fact that no prejudice has been caused to any of the parties by the expert's opinion being admitted in evidence, no interference is called for. Accordingly, CRR 1441 of 2011 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)