Goutam Goswamy v. State Of West Bengal & ANR

06.07.2022

IN THE HIGH COURT AT CALCUTTA

Item No.48 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1605 of 2009 Goutam Goswamy versus State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Dipayan Dan ... For the Petitioner.

Learned advocate for the petitioner is present. The subject matter of challenge relates to the order dated 20.03.2009 passed by learned Judicial Magistrate, Baruipur, South 24-Parganas. The said order was passed in respect of a petition filed at the instance of the present petitioner praying for sending the cheque for opinion of the handwriting expert. The learned Magistrate by his reasoning refused such prayer and rejected the application. This revisional application was heard on 21.05.2009 and the records of this revisional application reflect that there was no interim order staying the proceedings of the learned trial court.

In view of the aforesaid, I am of the opinion that the petitioner would be at liberty to canvass such point at the stage of final argument of the case, if the complaint case till date has not been disposed of by the learned Judicial Magistrate.

With the aforesaid observations, the revisional application being CRR 1605 of 2009 is disposed of.

All pending connected applications, if any, are consequently disposed of.

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 with all requisite formalities.

(Tirthankar Ghosh, J.)