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2023 Supreme(Cal) 1371

BIBEK CHAUDHURI
Gopal Santra – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ayan Bhattacharjee, Soham De Dhara, Sagnik Mukherjee.
For the Respondents: Swapan Banerjee, Suman Dey, Saryati Dutta, Debasish Roy, Navanil De, Rajeshwar Charkaborty, Srijan Ghosh, Subhrajit Dey, Monami Mukherjee.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The petitioner is the defacto complainant in connection with Serampore Police Station Case No. 470 of 2015 dated 7th October, 2015 under Sections 448/307/34 of the Indian Penal Code. In the said case police submitted charge-sheet against the opposite parties No. 2 to 4 and they are now facing trial before the learned Additional Sessions Judge, 1st Court at Serampur in Sessions Trial No. 03 (07) of 2017. At the stage of trial a petition under Section 311 of the Criminal Procedure Code was filed before the learned Additional Sessions Judge, 1st Court at Serampore. The said petition having been rejected vide order dated 16th November, 2022, the petitioner has assailed the said order before this Court in revision.

2. The defacto complainant lodged a written complaint before the inspector-in-charge Serampore P.S. stating, inter-alia, that on 4th October, 2015 the father-in-law, brother-in-law and wife of the petitioner’s son trespassed into the house of the petitioner and committed robbery in respect of household goods. At the time of departure they sprinkled kerosene oil over the body of the wife of the defacto complainant and set her in fire. In order to

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