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2024 Supreme(Cal) 673

AJAY KUMAR GUPTA
Dhanu Ghosh @ Bhiku @ Bhanu Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Surya Prasad Chattopadhyay, Adv. Mr. Arjun Samanta, Adv. Mr. A. Chatterjee, Adv.
For the Respondent: Mr. Ronobir Roy Chowdhury, Adv. Mr. Mainak Gupta, Adv.

JUDGMENT :

Ajay Kumar Gupta, J:

1. This instant Criminal Revisional application has been filed by the petitioners assailing the judgment and order dated 4th August, 2023 passed by the learned Additional District and Sessions Judge, Fast Track Court-II Court at Krishnanagar, Nadia in Criminal Appeal No. 19/2022 preferred by the opposite party no. 2/de-facto complainant, thereby setting aside the judgment of acquittal dated 18.06.2022 passed by the learned Judicial Magistrate, 3rd Court, Krishnanagar, Nadia in G.R. Case No. 2112/2021, arising out of Nakashipara Police Station Case No. 19/2021 dated 13th January, 2021 under Sections 341/326/34 of the Indian Penal Code, 1860 and remanded the case back for retrial from the stage of recording of statements of the accused persons under Section 313 of the Code of Criminal Procedure.

2. The factual matrix of the instant case leading to filing of this application is as under:

The opposite party no. 2/de-facto complainant lodged a written complaint against the petitioners/accused persons alleging, inter alia, that the petitioners herein allegedly attacked and physically assaulted the elder brother of the opposite party no. 2 herein. He suffered s

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