PRANOY KUMAR DAS Vs. SOMNATH SARKAR
HIGH COURT OF CALCUTTA
Pranoy Kumar Das
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SURYA KUMAR TIWARI, J. -
(1.)THIS petition has been filed against the order dated 25.2.92 passed by Sri J. Banerjee, Additional Sessions Judge, 4th Court, Murhsidabad, in Sessions Serial No. 192/91.
(2.)THE petitioner who happens to be a complainant lodged complaint in the court of the Judicial Magistrate, complaining that the opposite party Nos.1 to 11 had assembled in an unlawful assembly and had voluntarily caused grievous hurt to him.
(3.)THE Learned Additional Sessions Judge, in whose court the case was transferred upon commitment, found that there is nothing on record on the basis of which the accused persons can be charged and hence the opposite party Nos. 1 to 11 were discharged. As against this order of discharge, this revisional petition has been filed.
After going through the order of the Learned Additional Sessions Judge, I find that he has not discussed this statements recorded under section 161 Cr.P.C. by the police. He has considered only the fact that incident took place on 31st October, 1988 and the complaint was filed in the court of Magistrate on 7th December, 1988. Hence the Complaint was clearly belated. The Learned Additional Sessions Judge further found that no specific injury has been noted. A xerox copy of the injury report has been shown to me during the course of arguments and it clearly disclose the presence of two compound fractures.
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