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IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Ananya Nandi Mukherjee @ Ananya Mukherjee – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. complaints about critical evidence and witness issues. (Para 3 , 4) |
| 2. arguments for and against revisional jurisdiction. (Para 5 , 6) |
| 3. determining the nature of orders. (Para 7 , 8 , 9 , 10) |
| 4. court's strong criticism of the magistrate's decisions. (Para 11 , 12 , 13) |
| 5. orders quashed; right to fair trial upheld. (Para 15 , 16 , 17 , 18 , 19 , 20 , 22) |
JUDGMENT :
1) This revisional application, filed under Sections 482, 401, read with Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C ."), has been preferred by the petitioner and de-facto complainant, Smt. Ananya Nandi Mukherjee, seeking to rectify a grave injustice and a demonstrable abuse of the judicial process, by setting aside two patently erroneous orders passed on March 11, 2024, and March 13, 2024, in connection with G.R. Case No. 552 of 2023 by the Learned Judicial Magistrate, 4th Court, Durgapur. The petitioner asserted, with compelling force, that these orders had gravely prejudiced her case by impeding her ability to present crucial evidence and a vital witness, thereby warranting the invocation of this Court’s inherent and revisional jurisdiction.
3) Subsequent
The court ruled that orders affecting fundamental rights to evidence and witness presentation can be deemed intermediate and are amenable to revisional scrutiny under the Code of Criminal Procedure.
In cases under Section 498A IPC, the Magistrate should consider the factors laid down by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation before issuing a warrant of arres....
The revisional jurisdiction under Section 397 of the Cr.P.C. is available to challenge the order of issuance of process, as clarified by the Supreme Court.
Bar of Section 435(3) of the Cr.P.C. is, therefore, effectively attracted and the bar cannot be circumvented by subterfuge of treating the revision petition as directed against the Sessions Judge’s o....
The admissibility of evidence is critical in criminal proceedings, and hearsay evidence cannot be accepted without proper substantiation.
A trial court's decision to conduct a joint trial must prioritize judicial efficiency and prevent prejudice to the accused, especially when substantial evidence is already presented.
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