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2017 Supreme(Cal) 370

JOYMALYA BAGCHI
State of West Bengal – Appellant
Versus
Md. Sohrab – Respondent


Advocates Appeared:
For the Petitioner: Saswata Gopal Mukherjee, Sabir Ahmed, Anasuya Sinha
For the Opposite Parties : Deep Chaim Kabir, Mazhar Hossain Chowdhury, Md. Zeeshan Uddin, Jonaki Saha, Debasish Roy, Daanish Haque, Arindam Dey

JUDGMENT :

1. The State has assailed the order dated 26.5.2017 passed by the learned Additional District and Sessions Judge, 1st Track Court-II, Bichar Bhavan, Kolkata in S.C. No. 76 of 2016 to the extent it discharges the opposite parties from the instant case.

2. Prosecution case, as alleged, is that in the early morning of 13.1.2016 while the Republic Day practice parade was going on along Khidderpore Road from south to north towards Red Road the principal accused Tousif Sohrab @ Tausiff Sohrab @ Sambia being the driver of a white coloured Audi Q7 car without registration plates, willfully entered the restricted ‘No Driving Zone’ area by breaking the steel guard railings placed on the road and drove the vehicle dangerously at a high speed. The steel guard railings were placed along both flanks of Khidderpore Road which is used by the horses of Race Course. The driver avoided the guard rails placed near Vidyasagar Setu ramp on the said road for the purpose of practice parade for Republic Day and reached the crossing of Khidderpore Road and Lovers Lane near the South Gate of Fort William. When the on duty traffic constables in uniform tried to stop him by waving their hands, without


























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