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2013 Supreme(Cal) 132

KANWALJIT SINGH AHLUWALIA
Anjan Ganguly – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the petitioners: Mr. Sudipto Moitra, Mr. Sandip Bhattacharjee, Mr. Ayan Bhattacharya, Mr. Pawan Kumar Gupta, Mr. Joydeep Bhatterjee
For the State: Mr. Shiladitya Sanyal, Mr. Sandip Chakraborty, Mr. Sabyasachi Banerjee

JUDGMENT : -

Kanwaljit Singh Ahluwalia, J.:- This revision petition has been filed under Section 397/401 of the Code of Criminal Procedure praying that the impugned order dated 11th of April, 2012 passed by 3rd Additional Sessions Judge, Fast Track Court, Barrackpore, whereby he refused to recall P.W. 10 Swadhin Ranjan Guha, a police officer who recorded the statement of the witnesses under Section 161 Cr.P.C., to prove contradictions, be set aside.

2. It will be necessary to recapitulate brief facts to appreciate the issues raised and decide them.

3. A case being Baranagar Police Station case no. 75 dated 3rd April, 2006 under Section 498A/326 I.P.C. was registered against the petitioners at the instance of Swapan Kumar Bhattacharya. Later due to the death of deceased Section 306 I.P.C was added. In the FIR, it was stated by the de facto complainant that his daughter Soumi Ganguly was married with petitioner no. 1 Anjan Ganguly. She suffered serious burn injuries in her matrimonial home and was admitted in R. G. Kar Medical College & Hospital. Husband Anjan Ganguly, mother-in-law Smt. Bela Ganguly, sister-in-law Smt. Ruma Chatterjee and her son Papai Chatterjee were named as accus































































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