The High Court dismissed the revision seeking modification of an order refusing discharge. The Court held that as charge is framed and evidence recorded, the discharge issue does not arise at this stage, though the petitioner may raise marriage-related issues later.
Revisional application disposed of without modifying the order refusing discharge.
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18 30.08. 2023 CRR 824 of 2016 Ct 237 Ganapati Jana rup versus
Ganapati Jana versus State of West Bengal & Anr.
Mr. Sanjib Seth … for the petitioner. Mr. Joydeep Roy, Ms. Sujata Das … for the State.
This revisional application has been filed challenging the order dated 3rd December, 2015, whereby learned Judicial Magistrate, 1st Class, Municipal Court, Howrah refused to modify the order passed earlier by the Court, refusing the prayer for discharging the petitioner form the case.
From the status report, it is found that charge has already been framed and recording of evidence started as well as petitioner participated in the proceeding by cross-examining the witnesses.
Therefore, at this stage, question of discharge of the petitioner from the case does not arise.
However, petitioner will have the liberty to raise the issue of marriage before the Trial Court.
With the aforesaid observation, the revisional application stands disposed of.
Pending application, if there be any, also stands disposed of.
2
Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
All parties to this revisional application shall act on the server copy of this order downloaded from the official website of this Court.
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether discharge of the petitioner from the case is maintainable at the stage of recording of evidence after framing of charge.
Ganapati Jana
State of West Bengal
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
