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2008 Supreme(Cal) 897

ARUNABHA BASU
Supti Choudhury – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Joymalya Bagchi, A. Ghosh for the applicant:
Idris Ali, S. Guhathakurta, D. Chatterjee for the petitioner;
K.A. Ahmed for the State.

JUDGMENT

Arunabha Basu, J.: The revisional application is directed against the order dated 13th December, 2007 passed by learned Judicial Magistrate, 2nd Court, Serampore in connection with G.R. Case No.427 of 1995 whereby and whereunder the application filed by the prosecution for exhibiting the certified copy of depositions of Dr. Jayanta Basu and Dr. Sandip Basu, recorded in connection with Matrimonial Suit No. 103/1995 was rejected. In the revisional application it is stated that the O.Ps. herein filed the report of the doctors before the learned Magistrate but did not file the evidence recorded by learned Additional District Judge in Matrimonial Suit No.103 of 1995 which contradicts their reports, as would be evident from cross-examination of those witnesses.

2. It is the contention of the petitioner that the report which was prepared by Dr. Jayanta Basu was filed before the learned Additional District Judge, Hooghly in Matrimonial Suit No.103 of 1995 and the petitioner herein raised objection to the said report and the doctor was cross-examined by the petitioner and during cross-examination many contradictions about the report could be extracted. Copy of the said reports and de































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