JUDGMENT

Jay Sengupta, J. - This is an application challenging an order dated 06.10.2018 passed by the Learned Additional Chief Judicial Magistrate, Bishnupur, Bankura in Complaint Case No. 05C of 2006, thereby allowing an application filed by the prosecution seeking correction and modification of an order passed earlier under Section 251 of the Code.

2. On 05.09.2005 a petition of complaint was filed against the accused/petitioner alleging commission of an offence under Rule 11 (2) of the West Bengal Forest Produce Transit Rules, 1951 read with the amendment of the Indian Forest (West Bengal Amendment) Act 1988, Section 7 and under Sections 65A of the Indian Forest Act, 1927. The Learned Magistrate was pleased to take cognizance of the offence on 16.01.2006. The accused appeared and the substance of the accusation was stated to him under Section 251 of the Code on 18.11.2006. The accused/ petitioner pleaded not guilty and claimed to be tried. After examination of the prosecution witnesses and the examination of the accused under Section 313 of the Code, the defence witnesses were being examined. At this stage the prosecution filed an application on 02.06.2018 contending that the of