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2022 Supreme(Cal) 569

BIBEK CHAUDHURI
Jayanta Singha Roy – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Jayanta Narayan Chatterjee, Adv, Mr. Somopriyo Chowdhury, Adv, Ms. Jayashree Patra, Adv, Mr. Suvrodeep Koley, for the Appellant; Mr. Himanshu De, Sr. Adv, Mr. Navanil De, Adv, Mr. Subhrajit Dey, Adv, Mr. Srinjan Ghosh, Adv, Mr. Saswata Gopal Mukherjee, Adv, Mr. Joydeep Roy, Adv, Ms. Sujata Das, Adv, for the Respondent

JUDGMENT

Bibek Chaudhuri, J. - Challenging legality, validity and propriety of an order being No.117 dated 4th March, 2022 passed by the learned Additional Sessions Judge, 2nd Court at Serampore in Sessions Trial No.42 of 2011 allowing an application under Section 311 of the Cr.P.C filed by the prosecution, the accused has filed the instant criminal revision.

2. It is not in dispute that on the basis of a written complaint submitted by the opposite party No.2, Jangipara Police Station Case No.31 of 2001 dated 13th April, 2001 was registered under Section 147/148/149/342/448/325/300 of the Indian Penal Code. It is alleged in the FIR that the petitioner along with his associates assaulted the sons of the defacto complainant with deadly weapons and both of them succumbed to their injuries inflicted by the petitioner and his associates.

On completion of investigation police submitted charge-sheet against the petitioner and other accused persons on 31st December, 2002 under Section 342/448/325/32 of the IPC. Finally on 11th August, 2011 the trial court framed charge against the petitioner and other accused persons under Section 148/149/448/302 of the IPC. During this long period of about 1

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