ALAMAGIR HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under section 401 read with section 482 Cr. PC is directed to challenge the order No. 62 of 12.04.2004 passed by 9th Fast Track Court at Calcutta in Sessions Case No. 22 of 2004 allowing the prosecution to examine witnesses not named in the chargesheet.

(2.) The prosecution case is of the alleged offence of cheating and forgery and conspiracy by the present petitioners Alamgir Hossain and his wife Rehana Begum by forging signature of Gopendra Nath Dutta, the father of the complainant. Charge was framed for alleged offences under sections 364, 467, 468, 471,120B IPC. In addition to such charges subsequently charge under section 474 IPC was framed against both the accused persons. After some of the witnesses of the prosecution were examined the prosecution filed two petitions dated 04.02.2005 and 08.04.2005 by the petition dated 04.02.2005 the prosecution wanted to examine the witnesses like (1) Sri Shankar Prasad Mitra, Chief Manager (Personnel), Banking Division, State Bank of India, Park Street Branch, (2) Sri Gobinda Mukherjee, Advocate and (3) Sri Milan Roy, Senior Manager, UCO Bank, Hastings Branch. By the petition dated 08.04.2005 the prosecution wanted to examine one Md. Murtuza Khan in the place of Md. Muzaffar Khan as the name was misquoted in the chargesheet. On 08.04.2005 the prosecution also filed a petition for examining the witnesses like (1) Sri Kishore Kumar Basu, Chief Manager (Personnel), Banking Division, State Bank of India, Park Street Branch, (2) Sri Achinta Kumar Nag, Assistant General Manager, State Bank of India, Park Street Branch and (3) Sri Rabindra Kanti Bhowmick, Chief Manager, State Bank of India, Park Street Branch.

(3.) Regarding the prayer for summoning Murtuza Khan appearing in the chargesheet the opposite party did not raise any dispute and learned Trial Court allowed such petition.