GEEVARGHESE MATHEWS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present revisional application is directed against an order dated 10.4.2002 passed by the learned Judicial Magistrate, 3rd Court, Sealdah in a proceeding being G.R. Case No.1521 of 1996.

(2.) It appears that in the aforesaid proceeding after examination of the prosecution witnesses filed a apetition on 2.4.2002 praying for re-examination of the doctor, i.e. P.W.4. The accused persons were examined under Section 313 of the Code of Criminal Procedure on 9.4.2002. On 10.4.2002 the petition filed by the prosecution praying for re-examination of the doctor (P.W.4) was taken up for hearing. The learned Magistrate by the impugned order allowed the prayer of the prosecution as he was of the view that the doctor should be recalled for the ends of justice for re-examination with reference to injury report. The next day, i.e. on 11.4.2002 was fixed by the learned Magistrate for examination of the doctor (P.W.4).

(3.) On 11.4.2002 the doctor (P.W.4) could not be examined as a prayer was made on behalf of the accused persons for adjournment as they intended to move the higher Court challenging the order dated 10.4.2002. The learned Magistrate was not inclined to allow such prayer for adjournment in view of the earlier direction of this Court to conclude the trial within 3 months, but he ultimately granted time to the defence till 13.5.2002.