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2023 Supreme(Online)(CAL) 10396

CALCUTTA HIGH COURT - APPELLATE SIDE
BIBEK CHAUDHURI, J
Samir Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh
For the Respondents:

The Hon’ble Justice Bibek Chaudhuri CRR 4750 of 2022 Samir Das Vs. State of West Bengal & Anr.

For the petitioner :

Mr. Ayan Basu, Adv., Mr. Sourav Bera , Adv., Mr. Sumit Routh, Adv. Judgement on :

17.01.2023. Bibek Chaudhuri, J. The petitioner has challenged an order dated 23rd November, 2022 passed by the learned Judicial Magistrate, 1 st Class, 3 rd Court at Tamluk, Purba Medinipore in connection with GR Case No. 777/2010 arising out of Tamluk Police Station Case No. 205/2010 dated 28th May, 2010 under Sections 326 /34 of the Indian Penal Code .

Suffice it to say that the petitioner is facing trial allegedly for causing assault throwing acid on the body of the victim. It transpires from the evidence that at the relevant point of time electric connection was disconnected from the house of the de facto complainant and victim because of non-payment of electric charges.

During cross-examination of the Investigating Officer, the defence counsel has raised a specific question as to whether there is any record in the case diary regarding existence of any light in the place of occurrence at the time of alleged incident. The Investigating Officer replied the said question in the negative. Aft

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