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2018 Supreme(Tri) 92

S.TALAPATRA
Dulal Saha, son of late Dayal Hari Saha – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Kar Bhowmik, Advocate
For the Respondent: Mr. S. Sarkar, PP

JUDGMENT AND ORDER :

Heard Mr. S. Kar Bhowmik, learned counsel appearing for the petitioner as well as Mr. S. Sarkar, learned PP appearing for the State.

2. By this petition filed under Section 482 of the Cr.P.C., the order dated 03.01.2018 delivered in ST(T-1) 45 of 2014 by the Addl. Sessions Judge, West Tripura, Agartala has been challenged. By the said order dated 03.01.2018 what has been observed and relevant for this case is as follows:

“On 10.11.17 in course of cross examination of First IO Smt. Madhavi Das (PW.12), this court restrained the defence to put a question to the IO in reference to the statement of a particular witness recorded under section 161 Cr.PC. Accordingly, defence filed a petition under section 137 r/w section 145 of Evidence Act to allow cross examination of PW.12 Madhavi Das with reference to the 161 Cr.PC statements recorded by her during investigation. On such petition the further cross examination was adjourned and subsequently, both parties were heard on the above petition. In course of hearing Ld. Counsel Mr. S. Kar Bhowmik appearing for the accused referred several authorities of Apex Court as well as High Courts including the High Court of Tripura an

























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