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2016 Supreme(Cal) 36

SHIVAKANT PRASAD
Bappaditya Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Souvik Mitter, Ms. Anasua Sinha
For the State: Mr. Pawan Gupta

JUDGMENT :

Shivakant Prasad, J.

Challenge in this revisional application is against an order dated 28.11.2014 passed by the learned Additional Sessions Judge, F.T.C. 2nd Court, Hooghly, in Sessions Trial Case No. 33/2013 and Sessions Case No. 139/2013 arising out of Pandua Police Station Case No. 282/11 dated 03.11.2011 under Sections 376/417 of the Indian Penal Code thereby, allowing the prayer of the prosecution for holding a DNA test of the accused and the child.

Chronological events of this case is that the petitioner was arraigned as an accused in connection with Pandua Police Station Case No. 282/11 dated 03.11.2011 under Sections 376/420 of the Indian Penal Code, which was registered on the basis of a written complaint lodged by the opposite party no. 2 against him.

On conclusion of investigation, the Investigating Officer submitted Charge-sheet being No. 115/2012 dated 31.5.2012 under Section 376 of the Indian Penal Code against the present petitioner. The case was committed to the Court of Sessions and cognizance was taken as per Section 193 Cr.P.C. The session trial was started after framing of Charges under Section 376/417 of the Indian Penal Code to which the petitioner abj




































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