Calcutta High Court (Appellete Side)
Ajay Chopra vs The State Of West Bengal & Anr on 27 July, 2017
1
IN THE HIGH COURT AT CALCUTTA
017 Criminal Revisional Jurisdiction
a
C.R.R. No.4047 of 2015
.
Ajay Chopra
-vs-
The State of West Bengal & Anr.
Mr. Ratul Das ...for the petitioner
Mr. Supratic Roy ... for the opposite party no.2
Heard both sides, except the State.
The revisional application is filed for setting aside the impugned order dated October 16, 2015 passed by learned Metropolitan Magistrate, 16th Court at Calcutta dismissing an application under section 245 CrPC on different grounds.
At the time of hearing the petition under section 245 CrPC learned Magistrate ought to have examined under section 244 CrPC. Section 245 CrPC is interdependent with section 244 CrPC. Naturally, learned trial court ought to have examined two other witnesses also, whose names were figured in the petition of complaint namely, Somnath Malakar and Pradip Kumar Nag.
For these reasons, I allow the revisional application directing that the complainant would be asked to produce those witnesses also; and that if he fails to do so, only in that case learned Magistrate shall hear the application under section 245 CrPC.
The learned trial court is directed to proceed with the case in the light of above observation.
2Certified photostat copy of this order, if applied for, shall be given to the parties.
[Siddhartha Chattopadhyay, J]