SOMEN BAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has assailed the impugned order dated 13th January, 2017 and order dated 21st June, 2018 passed by the learned 4th Special Court, Kolkata in Special Case No. 5 of 2013 arising out of Taltala Police Station Case No. 101 dated 2nd April, 2018 whereby the learned Judge rejected the application for determination as to whether the accused persons have right to begin or it is for the prosecution to address the court in respect of an application for discharge of the accused persons under the provision of section 239 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code).

(2.) Necessary facts which requires consideration in this case is that an application under Section 239 Cr.P.C., 1973 was filed by the accused persons and it was argued on behalf of the accused persons at the hearing that since the accused persons have prayed for their discharge under Section. 239 of the Code, they have to advance argument first and then only the prosecution will reply.

(3.) By the order no. 55 dated 13.01.2017 passed in the Special Case No. 5 of 2013 the learned Judge held that the accused persons having filed an application under Section 239 of the Code are required to advance argument first and accordingly, listed the matter on 14.02.2017 for hearing.