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 [Cr.P.C.] 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 Ss. 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. .