IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDITION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE UDAY KUMAR CRR 446 of 2024 Milan Thapa @ Majhi @ Hari Majhi -Vs.-

The State of West Bengal and Anr.

For the Petitioner : Mr. Arnab Saha Mr. Md. Shoaib Akhtar For the State : Mr. Nilay Chakraborty Mr. Sourav Ganguly Hearing concluded on : 23.07.2025 Judgment on : 25.07.2025 Uday Kumar, J.:-

1. The present revisional application, CRR 446 of 2024, has been preferred by the petitioner, Milan Thapa @ Majhi @ Hari Majhi, assailing the legality, regularity, and propriety of Order No. 49 dated October 09, 2024, passed by the Learned Additional District and Sessions Judge, Kurseong, in Session Case No. 08 of 2020. By the impugned order, the Learned Trial Court rejected the petitioner's prayer to recall and re- examine witnesses (PW1, PW3, PW4) under Section 311 of the Code of Criminal Procedure, 1973 (now Section 348 of the Bharatiya Nagarik Suraksha Sanhita 2023). The petitioner contends that this rejection is mechanical, causes serious prejudice, denies his fundamental right to a fair trial, and breaches settled positions of law.

2. The genesis of the case lies