Calcutta High Court (Appellete Side)
806/2012 on 17 April, 2012
17.4.12 C.R.R.806 of 2012
sk.
Mr. Deep Chaim Kabir
..... for the petitioner.
Heard the learned Advocate appearing for the petitioner. The petitioner has challenged the order dated 7.2.2012 passed by the learned Additional Sessions Judge, Basirhat, North 24-Parganas in connection with Criminal Revision No. 29 of 2011 arising out of Basirhat P.S.Case No. 30 of 2010 dated 20.1.2010 under Sections 341/323/326/307/379/506/34 of the I.P.C.
It is submitted by the learned Advocate appearing for the petitioner that FIR has been lodged under Sections 326,327 of I.P.C. When the charge-sheet has been submitted, those two sections are missing. He has filed Narazi petition before the learned J.M., who refused to hear the matter on the ground that he recorded the statement of witnesses under Sections 164 Cr.P.C.
The matter appeared before the learned A.C.J.M., Basirhat and it is surprising without hearing the Narazi petition, he proceeded with the trial. Against that order, petitioner preferred a criminal revision before the learned A.D.J., Basirhat. There is a delay of only 8 days as submitted by the learned Advocate, Mr. Kabir for the petitioner that the learned court below refused to condone the delay, which prompted the petitioner to file the instant revision. After hearing the learned Advocate appearing for the petitioner and after going through the order-sheet, I am of the opinion that the matter should be heard at length but should not be disposed of on technical grounds.
Let the delay be condoned.
The learned Sessions Judge is hereby directed to hear the matter 1 within two months from the date of communication of this order. 2