KALYAN DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners were facing trial in connection with Sessions Trial No. 10(7) of 2008 before the learned Additional Sessions Judge, Fast Track, 4th Court, Barrackpur, North 24 -Parganas on charges under Sections 147/148/379/307/506 of the Indian Penal Code. During the trial, 21st June 2013 was fixed for recording of evidence of P.W.s 3, 4 and 5. On that day, the learned defence Counsel was absent in court due to some personal reasons and an application was moved for adjournment. However, the learned trial court rejected such application and proceed with the trial. Then after recording of evidence of three witnesses, the evidence was closed and it was recorded that cross -examination was declined. On the next date, that is, on 24th June, 2013, a prayer was made on behalf of the petitioners for permitting them to cross -examine those witnesses but such prayer was rejected. Hence this criminal revision. Heard the learned Counsel appearing for the parties. Perused the impugned order and other materials on record.

(2.) THE learned counsel for the State has not opposed the prayer of the learned Counsel of the petitioners that a further chance be given to the defence to cross -examine the witnesses. This court has been informed by the learned Counsel for the petitioners that due to the pendency of this application, trial has not proceeded any further from that stage of examination of P.Ws. 3, 4 and 5. In the result, the application is allowed and the order impugned stands quashed and the trial court is directed on the next date fixed, that is, on 31st March, 2014, to give an opportunity to the defence to cross -examine P.Ws 3, 4 and 5 and after their cross examine is over, the Court shall then proceed to the next stage of trial. If not on the date, the cross -examination is over, further opportunity must be given to the accused.