LALU ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 401 read with section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner, namely, Lalu Alam seeking to set aside the order dated 6th December, 1994 passed in Sessions Trial No. 7(5)/1992 by Shri S. Gupta, the learned Additional Sessions Judge, 6th Court, Alipore rejecting the prayer of the petitioner for deferring the cross-examination of P W 1, the victim of this case until the remaining eye witnesses were examined-in-chief.

(2.) The short facts leading to the filing of this revisional application are as follows : The present petitioner along with 6 others were placed on trial in Sessions Trial No. 7(5)/1992 before the learned Additional Sessions Judge, 6th Court, Alipore, 24 Parganas (S) to answer charges under sections 307/325/148/149 of the Indian Penal Code upon an allegation that on 16th August 1990, there was a call for "Calcutta Bandh" by the Congress(I) Party. In support of the said call for bandh, Miss Mamata Banerjee on that day organized several meetings, picketings and processions.

(3.) While one of such processions, in support of bandh was proceeding near the Hazra S. P. Mukherjee Road crossing, the members of the CPI(M) party including the petitioner and others being armed with various weapons attacked the said procession and they assaulted Miss Mamata Banerjee with weapons in their hands and as a result of such attack, Miss Mamata Banerjee sustained severe bleeding injury on her head and other participants were also injured.