GOPAL PRAMANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners have been facing their trial in connection with G.R.Case No.903 of 2008 before the learned Judicial Magistrate, 3rd court at Contai, Purba Medinipur on a charge for having committed the offences punishable under sections 447/323/325/354/34 IPC. The trial was commenced on December 1, 2009 for framing of the charge.

(2.) DURING the trial on July 28, 2014 invoking section 311 CrPC, an application was filed from the side of the prosecution for tendering the injury reports issued by the medical officer of Contai S.D.Hospital, Contai, Purba Medinipur, where the victim was first treated after the incident and was referred to N.R.S.Medical College and Hospital for further treatment. Along with such prayer, a further prayer was made for recalling for reexamination of the de facto complainant, Dr.Bidhan Chandra Roy, who was examined as PW 1 and PW5, Dr.Sudhangshu Sekhar Patra, who issued the said certificate. The learned court below by the impugned order allowed such prayer. Hence this criminal revisional.

(3.) THE learned counsel of the petitioners vehemently contended that the trial was commenced in the year 2009, but in the year 2014, nearly five years after this prayer has been made from the side of the prosecution to fill -up the lacuna in this case. He contended that though the referral certificate is not necessary, because on the basis of the medical papers relating to the de facto complainant's further treatment, the alleged case of the prosecution, if at all, may be proved. He, therefore, prays that the order impugned be quashed.