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Calcutta High CourtCRA/57/2020dismissed

Raju Ballav @ Himangshu v. State Of West Bengal

2021-07-19Hon'Ble Justice Bibek Chaudhuri1 pages

19.07.2021 Sl. No. 03 Srimanta Ct. No. - 42 D/L IA No.:CRAN/1/2020 (Old No.:CRAN/1221/2020) in CRA/57/2020 (Via Video Conference) In Re : An application under Section 5 of the Limitation Act. In the matter of : Raju Ballav @ Himangshu.

... Appellant.

Mr. Rana Mukherjee, Adv.

Ms. Faria Hossain, Adv., Mr. Sandip Chakraborty, Adv.

...for the State.

The memorandum of appeal has been filed after the expiry of period of limitation by 313 days. Date was previously fixed on 9th July, 2021 for hearing of the application under Section 5 of the Limitation Act but none appeared. Mr. Rana Mukherjee along with Ms. Faria Hossain and Mr. Sandip Chakraborty, Learned Advocates are appearing for the State.

Since the memorandum of appeal is time barred, the appeal cannot exist in the eye of law.

In view of such circumstance, the instant appeal is dismissed being barred by limitation.

(Bibek Chaudhuri, J.)