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Calcutta High CourtCRR/2045/2011dismissed

Habil Sk. & ORS. v. State Of West Bengal

2023-09-20Hon'Ble Justice Ananya Bandyopadhyay1 pages

20.09.2023 Sl.No.27 Ct. 33 Amalranjan CRR 2045 of 2011 Re. Habil Sk and ors None appears for the parties.

The instant revisional application has been filed by the petitioners being aggrieved by the order no. 30 dated 08.04.2011 passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Kandi, Murshidabad in Sessions Sl. No. 261 of 2007 arising out of Burwan PS Case No. 44/98 dated 10.5.1998 under Sections 325, 326, 308 of the IPC whereby rejected the petition filed on behalf of the accused persons on 25.01.2011 challenging the prayer of adding Section 304 of the IPC in the chargesheet.

Perused the contentions of the petition as well as the order impugned dated 8.4.2011.

The learned trial court has passed the reasoned order by not adding the offence under Section 304 of the IPC as the said Section had already been added under the order of the court during the course of investigation.

This court is not inclined to interfere with the same and accordingly, the instant revisional application is dismissed.

Department is directed to communicate this order to the learned trial court immediately for information. ( Ananya Bandyopadhyay,J. )