ASIM AKHTAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) By means of this appeal, the accused has assailed the correctness of the judgment and order dtd. 11/8/2022 passed by the Calcutta High Court in CRA No.222/2020 whereby the High Court allowed the appeal filed by the complainant (respondent no.2) and after setting aside the acquittal recorded by the Trial Court on 31/9/2020, remanded the case to proceed in a manner whereby the Trial Court would first decide the application under Sec. 319 of the Code of Criminal Procedure, 1973(CrPC) and thereafter proceed to decide the trial.

(3.) That the First Information Report(FIR) was lodged by respondent no.2 alleging that the appellant had tried to kidnap him which was registered under Sec. 366/323/506(II) of the Indian Penal Code, 1860(IPC) with sec. 25(1)(B)(a) of the Arms Act, 1950 as FIR No. 125 on 11/10/2017. After investigation, a charge-sheet was submitted on 8/2/2019 under the aforesaid Sec. .