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2002 Supreme(Cal) 47

Pradip Kumar Biswas
Subal Chandra Roy – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Amales Ray, P. Ray for the petitioner;
Ranjit Kumar Ghosal for the State.

JUDGMENT

Pradip Kumar Biswas, J.: Heard the learned counsel for the petitioner at length as also the learned counsel for the State. This is an application under sections 401 and 482 of the Code of Criminal Procedure filed by the petitioner, Subal Chandra Roy, against the opposite party State of West Bengal seeking to set aside the impugned order dated 10th January, 1995 passed by the learned Sessions Judge, Cooch Behar, in Criminal Appeal No.4 of 1994 and/or to pass such other or further orders as may be deemed fit and proper.

The facts leading to the present revisional application may be summarised as follows:-

Upon a petition of complaint lodged by one Taleb Mia, Kotwali Police Station Case No. 25 of 1989 was started under sections 279 and 304A of the Indian Penal Code against the present accused petitioner, Subal Chandra Roy, alleging therein that the accused petitioner on 27th January, 1989 at about 10-30 a.m. caused accident to one Manotosh Das who was carrying a generator machine in his Thela and another Taleb Mia who was going with another Thela carrying different articles, due to rash and negligent driving of a bus on Torsa Bridge which was then driven by the aforesaid accused
















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