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2023 Supreme(Cal) 300

TIRTHANKAR GHOSH
Rishikesh Meena – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pratik Bhattacharyya, Mr. Sanat Kumar Das, Mr. Anirban Guha Thakurta, Mr. Sujan Chatterjee.
For the Respondent: Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Ranabir Roy Chowdhury, Ms. Debjani Sahu, Mr. Sandip Kr. Bhattacharya, Mr. Dipta Dipak Banerjee

JUDGMENT :

Tirthankar Ghosh, J.

1. Two revisional applications being CRR 305 of 2023 and CRR 307 of 2023 have been preferred at the instance of the same petitioner.

2. In CRR 305 of 2023 the order dated 3.1.2023 passed by the learned Chief Judge, City Sessions Court, Calcutta in connection with Sessions Case No.02 of 2023 has been challenged, wherein the learned Judge was pleased to take cognizance of the offence under Sections 498A/336 and 307 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The said case arose out of Ballygunge Police Station Case No.86 dated 25.07.2014 pursuant to the case being committed by the learned CMM, Calcutta by its order dated 12.12.2022.

3. The second revisional application being CRR 307 of 2023 has been preferred challenging the order dated 12.12.2022 by which the learned CMM, Calcutta was pleased to allow an application under Section 323 of the Code of Criminal Procedure filed at the instance of the de facto complainant/opposite party no.2 through the leaned public prosecutor wherein the learned CMM, Calcutta was pleased to hold that prima facie evidence which has surfaced makes out an offence under Section 307 of the Indian Penal C

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