Sisir Debnath v. State Of W.B.

Factual and Procedural Background

The petitioner filed a revisional application under Section 397 read with Section 482 of the Code of Criminal Procedure, challenging the order dated May 8, 2017, by which the Additional Sessions Judge, First Court at Balurghat, refused to defer the cross-examination of specified charge-sheeted witnesses under Section 231(2) of the Code. [1]

Legal Issues Presented

1. Whether the cross-examination of the specified witnesses should be deferred under Section 231(2) of the Code of Criminal Procedure because the witnesses were related to one another. [1]
2. Whether the revisional court should interfere with the Additional Sessions Judge’s order refusing such deferment. [1]

Arguments of the Parties

Petitioner's Arguments

• The witnesses were related to each other, and therefore their cross-examination on behalf of the defence should be deferred. [1]

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court held that the mere relationship between witnesses does not justify deferring their cross-examination during trial. [1]

It further stated that deferment is not ordinarily permitted unless exceptional circumstances warranting such a procedure are demonstrated. [1]

Because no such exceptional circumstance was indicated in the facts of the case, the Court declined to interfere with the impugned order. [1]

The Court nevertheless left it open to the petitioner to cross-examine the witnesses on the next date fixed, in accordance with law, if so advised. [1]

Holding and Implications

REvisional application dismissed. The order refusing to defer cross-examination was upheld, while the petitioner retained the opportunity to cross-examine the witnesses on the next date fixed in accordance with law. [1]

The decision had a direct procedural effect on the petitioner and did not set a new precedent.