Sirajul Hossain @ Roni v. State Of West Bengal And ANR

Item 22.05.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION No.

APPELLATE SIDE CRR 3848 of 2024 Ct 22 rup Sirajul Hossain @ Roni Vs.

The State of West Bengal & Anr.

Mr. Partha Sarathi Das, Md. Hafiz Ali, Ms. Shanta Sarkar.

... for the petitioners.

Mr. S. A. Jaynal, Mr. Shahan Shah.

.. for the opposite party Nos. 2.

Mr. Rana Mukherjee, Ld. APP, Ms. Snigdha Saha. ... for the State.

1. Affidavit of service filed by the petitioner be kept with the record.

2. This revisional application has been filed assailing the order No. 22 dated 20.08.2024 passed by the Learned Additional Sessions Judge, Kandi, Murshidabad in connection with Sessions Case No. 63 of 2023, wherein Learned Judge recorded an order showing filing of a petition on behalf of the defence with intent to adduce defence evidence and the petition was kept pending in the record.

3. Both the learned counsel appearing on behalf of the parties are ad idem of the fact that without disposing this application in other words without giving an opportunity

to adduce evidence on behalf of the defence, date was fixed for argument.

4. Considering all facts and circumstances, I find that an opportunity should be given to the petitioner/accused to adduce evidence in support of his defence, if any.

5. From the certified copy of the order No.22 dated 20.08.2024, it is found that one application intending to adduce evidence on behalf of the defence was filed along with put up petition and the petition was kept with the record.

6. Learned Judge is requested to dispose of that application and proceed with the case according to procedure prescribed therefor.

7. With the aforesaid observation, the revisional application along with connected application stand disposed of.

8. Parties are at liberty to communicate this order to the Learned Trial Court.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. 10.

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