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2022 Supreme(Cal) 878

JAY SENGUPTA
Aizul Laskar @ Azizul Laskar – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Sabir Ahmed, Advocate, Mujibar Ali Naskar, Advocate, T. Ahmed, Advocate, Madhusudan Sur, Advocate, Dipankar Paramanick, Advocate

JUDGMENT

Jay Sengupta, J. - This is an application challenging an order dated 02.02.2022 passed by the learned additional Sessions Judge, 1st Court, Seladah, North 24-Parganas, thereby rejecting the petition filed by the accused petitioner under Section 311 of the Code for recalling of PW39 in connection with Sessions Trial No. 01(08) of 2012. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. During trial, the petitioners had prayed for correction of evidence of PW39. It was further submitted before the learned trial court that unless that happened, the prosecution could not further cross-examine PW39. In the meantime, certain other issues also cropped up. The petitioners first preferred a revisional application before this Court being CRR No. 255 of 2021 with the prayer that the two applications filed by the petitioners, one for correction of the evidence of PW 39 and the other for recalling of PW 38 should be disposed of. By an order dated 23.08.2021 passed in the said revision, the application was allowed and the learned trial court was directed to dispose of the two applications. When the matter went before t

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