Milan Paul vs Rikta Paul - 2022 Supreme(Tri) 312

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 312

S. G. CHATTOPADHYAY
Milan Paul – Appellant
Versus
Rikta Paul – Respondent

Advocates appeared:
Mr. Sankar Kr. Deb, Sr. Advocate, Mr. S. Datta, Ms. Riya Chakraborty, Advocates, for the Petitioner; Mr. Ratan Datta, Public Prosecutor, Mr. Samar Das, Advocate, for the Respondent

JUDGMENT

1. This Criminal Revision Petition is directed against the impugned order dated 27.07.2021 passed by the learned Sessions Judge in Criminal Revision No.06 of 2019 affirming the order dated 14.06.2019 passed in N.I Case No. 11 of 2016 refusing to grant further adjournment in favour of the petitioner (accused) to adduce evidence of defence witnesses.

2. Heard Mr. S. K. Deb, learned Sr. Advocate appearing for the petitioner along with Ms. Ria Chakraborty, Advocate. Also heard Mr. Samar Das, learned counsel appearing for the private respondent and Mr. Ratan Datta, learned Public Prosecutor representing the State.

3. Short question involved in this criminal revision petition is about the correctness of the impugned order passed by the learned Chief Judicial Magistrate, South Tripura, Belonia refusing to allow further chance to the accused (petitioner herein) for adducing evidence of defence witnesses.

4. Factual background of the case is as under:

Smt. Rikta Paul Sarkar, wife of Late Sankar Prasad Sarkar alias Sankar Sarkar of Baidya Tilla, Belonia lodged a written complaint in the Court of the Chief Judicial Magistrate at Belonia on 20.07.2016 alleging, inter alia, that accused Mil