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2005 Supreme(Cal) 621

P.N.SINHA
Mina Barai – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:Subir Banerjee, Jayanta Banerjee, Swapan Kumar Mallick, Advocates.

Judgment :-

(1.) This revisional application under section 401 read with section 482 of the Code of Criminal Procedure (hereinafter called the Code) has been filed by the accused petitioners assailing the order dated 27.4.05 passed by the learned Additional Sessions Judge (Special), Jalpaiguri in Sessions Case No. 124/99 thereby allowing the prayer of prosecution under section 311 of the Code for date of evidence of medical officer and production of records of Dhupguri P.S. Case No. 69/96.

(2.) Mr. Subir Banerjee, learned advocate for the petitioners submitted that in the aforesaid sessions case after conclusion of evidence and examination of accused persons under section 313 of the Code and after hearing the arguments of both sides, it was pending for judgment. After completion of argument and before delivery of judgment there was a prayer on behalf of prosecution praying for further evidence of medical officer and production of records of Dhupguri P.S. Case No. 69/96. The doctor was examined previously and in his evidence the doctor stated that the post-mortem examination on the body of the deceased Adhanya Mondal was done in connection with Dhupguri P.S. Case No. 69/96. In the po










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