Calcutta High Court (Appellete Side)
CRR/3632/2019 on 12 December, 2019
1 48 12.12.2019
C.R.R. 3632 of 2019 SB Ct. No. 33 In Re : Saifuddin Mandal Mr. Tapas Kumar Ghosh Mr. Tanmay Chowdhury .... For the petitioner This is an application under section 401 read with section 482 of the Code of Criminal Procedure filed by the petitioner who is the accused of Sessions Trial No. 1(5) of 2014 corresponding to S.C. Case No. 14(11) of 2013 / S.C. Case No. 882 of 2014 pending before the learned Additional Sessions Judge, Fast Track Court - II, Barasat, North 24 Parganas.
The grievance of the petitioner is that during the recording of the evidence of the prosecution witnesses the learned Judge in exercising of the power under section 216 of the Code of Criminal Procedure framed additional charge under section 376 of the Indian Penal Code against the accused petitioner.
The learned counsel appearing on behalf of the petitioner has submitted that the learned judge framed additional charge against the accused before completion of cross-examination of the victim girl that is P.W. 5 on the basis of her examination-in-chief.
Having regard to the submission made by the learned counsel for the petitioner and considering the materials placed on record the petitioner is directed to serve the copy of the present application along with all annexed documents to the State of West Bengal through the office of the learned Public Prosecutor, High Court Calcutta and opposite party no. 2 by speed post with acknowledgement due within one week from date and to file affidavit of service within two weeks thereafter.
Petitioner is given liberty to move upon service of notices to the opposite parties.
Let the matter appear under the same heading four weeks after the ensuing Christmas Vacation.
(Madhumati Mitra, J.)