Kashinath Kora v. State Of West Bengal And ORS.

07.3.2025 Sl. 23 Samarpita Court No.40

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side CRR 4170 of 2024 Kashinath Kora Vs.

The State of West Bengal & Ors Mr. Sujan Chatterjee, Mr. Rohan Bavishi, Ms. Shreyausi Sarkar .... For the petitioner Ms. Sreyashee Biswas, Mr. Atulya Sinha ... for the State The instant application is filed against the order dated 13.9.2024 passed by the Additional Sessions Judge, Fast Track, 1st Court, Purba Bardhman whereby the application filed under Section 311 of the Criminal Procedure Code, by the prosecution was rejected. On perusal of the order, it appears that the learned Trial Court did not consider the relevancy of the evidence of the person to be called for. The Trial Court should not consider or prejudge relevancy, perticulerly when the person sought to be examined was the scribe of the written complaint. The learned Trial Court should consider the application by applying the proper principle of law and shall reconsider, the application.

The learned Trial Court shall rehear and reconsider the application under Section 311 of the Criminal Procedure Code, by the

prosecution. Those applications should be considered in perspective of applicable law.

Accordingly, the impugned order dated 13.9.2024 is set-aside for reconsidering.

Accordingly, the instant criminal revision being CRR 4170 of 2024 stands disposed of.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. Urgent certified copy of this order, if applied for, be given to the parties, upon compliance of all necessary formalities. (Sugato Majumdar, J.)