HALADHAR SASMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The following questions have been raised by the petitioner:

(2.) Mr. Somopriya Chowdhury, learned advocate appearing for the petitioner submits in respect of his first contention that once an accused has been discharged, the Magistrate cannot take cognizance against him by way of review or recalling of that order. To draw support to his contention, Mr. Chowdhury refers to the decision of the Hon'ble Apex Court in Deepu alias Deepak Singh v. State of Madhya Pradesh, 2007 5 SCC 533.

(3.) Mr. Joy Sengupta, appearing for the State submits that the discharge under Section 167(5) of Cr. P. C. of an accused for non-submission of the charge-sheet within specific period of time does not necessarily imply that the accused so discharged once for all. The situation would have been different in case had the Magistrate discharged the accused upon consideration of the materials in the CD. available till the date of discharge. Therefore, he submits that the proposition of Mr. Chowdhury, learned advocate for the petitioner does not appear to be sound.