J. Bagchi, J.

Order dated 7th March, 2017 passed by the Additional Sessions Judge, Fast Track Court-III, Howrah in connection with Sessions Trial no. 158/15 refusing to summon one S. Maity as court witness in order to prove sale receipt of one Nokia Lumia mobile phone and fixing the date for examination of the opposite parties-accused persons under section 313 of the Code of Criminal Procedure, 1973 has been assailed before this Court by the petitioner-defacto complainant.

2. The prosecution case as alleged against the opposite party nos. 2 to 5 herein is to the effect that they had committed dacoity on 1st January, 2016 at 6.30 p.m. at the place of business of the petitioner and had stolen a sum of Rs. 22,000/- and other articles including one Nokia mobile phone. It is also the prosecution case that in course of investigation on the leading statement of the opposite party no. 4 a mobile phone had been recovered under seizure list being Exhibit 2/3. Such seizure was duly reported to the learned Magistrate and on the prayer of the petitioner the mobile phone was returned to him on executing a bond. In course of trial the petitioner was examined as P.W. 1 wherein he deposed t