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2023 Supreme(Cal) 1235

SHAMPA DUTT (PAUL)
Sangita Ghosh (Sengupta) – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Subir Banerjee, Mr. Anupam Ghosh.
For the Respondent: Mr. Swapan Banerjee, Mr. Suman De., Mr. Debasish Roy, Mr. Sandipan Ganguly, Mrs. M. Mukherjee.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision is against an order dated 26th September, 2019 passed by the Learned Additional Session Judge, 1st Court Islampur in Criminal Revision 04/2018 thereby affirming the order dated 29.01.2018 passed by the Learned Judicial Magistrate, Islampur, Uttar Dinajpur, in permitting the defacto complainant to assist the Learned APP to Conduct prosecution on a prayer under Section 302 Cr.P.C.

2. The petitioner’s case is that she being the defacto complainant in a proceeding initiated in 2011, being G.R. Case No. 2450/2011 under Section 498A/406/34 of the Indian Penal Code against the opposite parties made an application under Section 302 of the Cr.P.C. praying for conducting the prosecution by her own Advocate.

3. It was noticed by the petitioner in the course of hearing of the said case that repeated adjournments were prayed for by the accused persons on flimsy grounds which were allowed without any opposition from the Learned Advocate for the prosecution (APP).

4. The copies of the petitions filed by the accused persons before the Learned Trial Court on many occasions were also not shown or supplied to the petitioner by the Learned Advocate

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