LAWS(CAL)-2015-9-126

ATANU CHOWDHURY Vs. STATE OF WEST BENGAL

Decided On September 09, 2015
ATANU CHOWDHURY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner has challenged the order dated July 30, 2015 passed by learned Metropolitan Magistrate, 5th Court, Kolkata in G. R. No. 4563 of 2011 by preferring this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) It appears from the materials on record that the petitioner has been facing trial on the allegation of committing offence under Section 509 of the Indian Penal Code. It also appears from the impugned order under challenge in the revision that learned Magistrate of the court below granted permission to the prosecution to admit one document into evidence during examination-in-chief of P. W. 1 and the said document is marked Exhibit 1, though the copy of the document is not supplied to the present petitioner who happens to be accused in the criminal case.

(3.) Learned counsel for the petitioner submits that the said document was not seized by the police during investigation of the case and the document was not referred to in the police report under Section 173 of the Code of Criminal Procedure and that the copy of the document was not supplied to the petitioner.