Munshi Matiar Rahaman vs State Of West Bengal

Rajasekhar Mantha, J

January 14, 2019, January 24, 2019 and February 1, 2019 passed by the learned Additional Sessions Judge, 1st Court, Howrah in Shyampur Police Station Case No. 9/2018 being G.R. Case No. 43/2018. The proceedings have been initiated under Sections 147/148/149/323/325/332/224/225/379/307 of the Indian Penal Code.

The proceedings have gone on in presence of the revisionist. Most of the proceedings have been held during the time of the petitioner was in custody and he was produced to defend himself on every date. He had made repeated requests for adjournment for cross-examination of some witnesses while 16 other co-accused had engaged advocate and had cross-examined all the prosecution witnesses.

Three several opportunities of adjournments in addition to the dates on which cross-examination was conducted by 16 other accused were afforded to the petitioner. He had declined cross-examination. On few occasions he had asked for a lawyer to be appointed on his behalf. A lawyer was appointed on whom the petitioner expressed his lack of confidence. He has not availed the service of the District Legal Services Authority. In any event, the petitioner himself is a lawyer and has practised in the court below and is well aware of the legal procedure and has still chosen not to cross-examine any of the witness.

This Court finds in no uncertain terms that the petitioner has willfully and consciously waived his right of cross-examination and the matter has been fixed for examination of the accused under Section 313 of Cr. P.C.

At this stage, this Court is of the view that there is no scope for granting further opportunity to recall the prosecution witnesses for cross-examination.

The petitioner shall, obviously be entitled to adduce evidence on his behalf. For the aforesaid reasons, the revisional application must fail and is hereby dismissed.

It is ordered that the court below shall conclude the trial mandatorily and positively within a period of 4 months from the date of communication of a copy of this order. The trial shall be taken up on day-to-day basis and no unnecessary adjournments shall be allowed to either of the parties.

The court below shall act on the basis of the server copy of the order as may be communicated on the letterhead of the learned advocates representing the parties.

In view of the dismissal of the main application, the connected application being CRAN 3502 of 2019 is also dismissed.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.