24.03.2026 SL No. 26-27 Dd IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRA(SB)/5/2024 NARAYAN PRASAD LOHIA VS THE STATE OF WEST BENGAL AND ANR with CRMSPL/1/2023 NARAYAN PRASAD LOHIA VS THE STATE OF WEST BENGAL AND ANR IA NO: CRAN/2/2024 Mr. Sourav Ganguly, Ms. Debarshi Dhar, Ms. Gopa Roy, Ms. Rishita Chakraborty, Advocates … …For the Appellant Mr. Nilay Chakraborty, APP Mr. Tapan Bhattacharjee, Advocates … …For the State 1. Appeal is directed against a judgment of acquittal. 2. Judgment of acquittal proceeds on the basis that the prosecution did not examine any witness. 3. Learned advocate appearing for the appellant submits that the appellant is the de facto complainant. Appellant claimed that he was cheated. 4. Police filed charge sheet. Charge sheet names the persons that the prosecution wished to examine at the trial. 5. Charges were framed as will appear from the materials on record. 6. It is claimed by the appellant that no summons were received with regard to the trial of the case. 2 7. Since, charge sheet named the prosecution witnesses, charges were framed by the learned Trial Judge and the appellant did not receive summons at the trial as a prosecution witness, it would be appropriate to remand the case to the learned Judge for trial. 8. Impugned judgment of acquittal is set aside. 9. Learned jurisdictional Court will take appropriate steps with regard to the trial on remand as directed. 10. CRA(SB)/5/2024 is accordingly disposed of. (Debangsu Basak, J.)